Research On The Legal Regulation Of Data Scraping Between Enterprises

Data scraping is a commonly used data collection method.Compared with the original data collection,it has the characteristics of high efficiency and low cost,so it has become the first choice for many companies when collecting data.However,in practice,in order to maximize the benefits of compiling,some companies abuse data scraping behavior,which damages the business advantages and capital investment of other competitors,and destroys the healthy order of competition.However,China ’s current laws do not regulate data scraping.The specific rules of conduct are adopted,and in judicial practice,the court frequently applies the principle clause of Article 2 of the Anti-Unfair Competition Law,which results in the court’s determination basis being different when determining unfair competition,to a certain extent.It undermines the stability of the law,and the court never considers the positive effects of data scraping when determining.If the restrictions on data scraping are too strict,it may hinder the entry of new competitors in the data industry to a certain extent.As a result,the data is concentrated in several oligopoly companies,which may lead to the risk of data monopoly.The root cause is that there are no specific rules governing data scraping behavior,and the boundaries of data scraping are not clear enough.Although the Anti-Unfair Competition Law was revised in 2017 to add an Internet clause,this clause is difficult to apply to data scraping.Looking at Europe and the United States,the development of its data industry is also relatively strong,and it also needs to regulate data scraping behavior,and has some legislative and practical experience,such as the US court in the "hiQ v.LinkedIn case".Several factors to consider,especially the consideration of data monopoly and the authentication system used to distinguish between public and non-public cyberspace are very valuable experience in data scraping regulation,which is worth learning from.In addition,although the European Union’s database rights system was not established to regulate data scraping,it protects database producers’ input to the database while taking into account the need to maintain data circulation,which can be used as a reference for China’s data scraping regulations.This paper analyzes the current status and existing problems in the field of data scraping in China,and combines foreign regulatory experience and China’s actual situation,puts forward suggestions to build China’s database rights system and clarify the relevant standards of data scraping behavior,to explore and promote China The path of legal regulation in the field of data scraping.