Research On The Identification Of Unfair Competition In Data Protection

In judicial practice,the courts widely use the second article of the anti-unfair competition law as the principle clause.The judgment standard of the principle clause is vague,there is a large space for discretion,and there is no specific operation guidance.However,a large number of invoking the second article may destroy the order of free competition and interfere with the enterprise’s competitive behavior.In response to the need for judicial practice,the newly revised Anti-unfair Competition Law has formally incorporated what the industry calls the “Internet section”.However,the rapid development of Internet industry technology and business model has increased the difficulty of typifying the unfair competition of the Internet,so the effect of this article is still to be tested in practice.From the perspective of data protection,this paper discusses the identification of data related unfair competition from the following aspects.First of all,this paper introduces the classic cases of data unfair competition disputes,analyzes the focus of the case,mainly involves the identification of the competition relationship,the ownership of data rights and interests,and the identification of unfair competition behavior.Through the judicial practice,this paper summarizes the dilemma of the identification of unfair competition behavior in the current data protection,including data and data competition the definition of concept,the classification of data and the lack of legal protection path.This paper mainly discusses business data related to Internet platform,not including government data and personal information.Secondly,this paper combs the thinking of the illegality identification of data related unfair competition cases,which is also the focus of this paper.Starting from whether there is a competitive relationship,this paper distinguishes the narrow sense competitive relationship and the broad sense competitive relationship in the Internet field,and identifies the competitive relationship through the analysis of industry relations and user groups.Then,it makes a textual research on whether the data source is legal.Different types of data have different rights and interests,which will affect the legitimacy of data use and acquisition.If there is a cooperation agreement between the two sides If the data acquisition does not violate the crawler agreement,it is further determined that the behavior is legitimate.Finally,it is analyzed from the aspects of whether it violates business ethics and whether it is substantially damaged,so as to make clear the identification of unfair competition involving data.Finally,through establishing the attribute of data rights,restricting the application of general clauses and adding special clauses,this paper puts forward some suggestions on the regulation of unfair competition behavior in data,which provides a reference for the theoretical research of protecting data rights and safeguarding unfair competition in Internet data market.