Research On Regulating Business Data Grabbing Under Competition Law

With the advent of the era of data,the competition among Internet enterprises is increasingly fierce.Data has become an important business resource for many Internet enterprises to compete for,trying to take advantage of it.In this situation,it is particularly urgent and important for the law to give full protection to the owners of data.Based on the case study of unfair competition caused by commercial data grabbing,this paper elaborates the following four chapters:The first chapter of the text will define the research object in the concept.We should make clear the definition and concept of business data in this paper.This chapter will divide the business data into public business data and non-public business data according to the standard of "whether it is public or not",and divide the business data into user business data and non-user business data according to the standard of "whether it involves user personal information".Then,the concept of business data grabbing behavior is defined and deconstructed,with emphasis on the technical measures and implementation objects.The second chapter discusses the necessity of the regulation of commercial data grabbing behavior competition law.This chapter analyzes the characteristics of data transfer and exchange,and points out the defects of data protection path in civil law.The vast majority of commercial data inpractice cannot meet the original requirements of copyright law for works,so it is difficult to use intellectual property law to protect the works by forming a compilation.And no matter civil law or intellectual property law,this kind of strong protection path is not conducive to the circulation and transfer of data,which greatly devalues the value of data itself.Using competition law to protect business data and regulate the grabbing behavior of business data can effectively coordinate the interests of all parties and achieve the expectation of data protection.The third chapter discusses the regulation of commercial data grabbing by using the trade secret clause of the anti-unfair competition law.According to the above analysis results of the first chapter,the non-public business data meets the requirements of confidentiality,value,encryption and other business secrets,and in the current business practice,the non-public business data is the main component of the data form.The fourth chapter is the research on the regulation of general terms of competition law.This chapter will discuss how to adjust the competition behavior involving data capture through the second general clause of the anti-unfair competition law.This chapter first affirms the legal nature of the general clause of Article 2 of the Anti-Unfair Competition Law,and clarifies the constituent elements of the general unfair competition act.Then,according to the identification standard of unfair competition established in the second article of the anti-unfair competition law,through the identification of competition relationship,the identification of interest damage and the identification of condemn,this chapter successively evaluates and judges the commercial data grabbing behavior,discusses its unfairness,which can be regulated by the general provisions of the competition law.