Competition Law Regulation Of Data Scraping Behavior

In recent years,with the rapid development of Internet technology,competition in the Internet market has become increasingly fierce,and new types of unfair competition in the Internet field have occurred one after another.Among them,data-scraping cases are particularly prominent.Data-scraping technology has changed from a neutral technology to a competition method for Internet operators to grab the core resources of competitors and snatch online user groups.In the era of digital economy,how to deepen understanding and comprehensively balance reasonable system rules to promote efficient and fair data competition has become a major task.It is necessary to find the best balance between law and economy.There is insufficient research on the theory of unfair competition in data scraping behavior,and there is a lack of specific rules and guidelines for unfair competition in data scraping.Therefore,in order to promote an effective balance between the protection of personal information and the rational use of data,and to maintain the normal order of Internet service operations,unfair competition in data scraping should be regulated.Firstly discusses the basic theoretical issues of Internet data scraping behavior,starting with the concept of "data scraping",analyzing the characteristics of data scraping behavior and clarifying the mode of data scraping behavior.Secondly elaborates the legal interest infringement of data scraping behavior,and clarifies that the data scraping behavior involves the interests of users,data controllers and data grabbers,and specifically involves the competing interests of competing subjects,personal privacy interests of users and social public interest.Thirdly clarifies the limitations of the existing laws and regulations applicable to data scraping behavior.There are limitations in the path of competition regulations,such as the limitations of the application of "general terms",the difficulties of the application of "Internet special rules",and the dilemma of protection of business secrets.Similarly,there is a problem of contract relativity in the path of contract laws and regulations.Personal information protection cannot solve the problems of unclear user data rights and conflicts of rights.Finally,by comparing the advantages and disadvantages of the rights path and the behavior path,drawing on the protection model of Japan’s data competition legislation,clarifying the type of data protection,proposing to add additional data scraping unfair competition behavior clauses and clarifying the datascraping behavior rules,so as to lay the foundation for regulating the new unfair competition behavior of the Internet,protect the legitimate rights and interests of relevant entities,and maintain the sustainable and healthy development of the Internet industry.