Research On Data Protection Path Of Internet Enterprises From The Perspective Of Competition Law

In the era of digital economy,Internet data has become the basic resources of Internet enterprises,leading the lifeblood of enterprise operation and production,and the data competition among Internet enterprises has evolved into a major economic game.In China’s existing legal system,the applicable legal norms for the protection of Internet data are not clear,and the disputes caused by Internet data competition are in an unbalanced state of marginalization and application.In order to cope with the actual demand of data competition order,the logical context and specific regulation mode of Internet enterprise data protection legislation are examined,and the protection path suitable for the development of Internet data in China is explored.First of all,through the general analysis of the data of Internet enterprises,it is proposed that the data of Internet enterprises studied in this paper is derivative data,that is,enterprises invest Internet technology,capital and other support,convert data resources into commercial interests,and externalize them in code or two-level system,and the scarce resources with commercial value are held by Internet enterprises.Due to the characteristics of the data of Internet enterprises,it is impossible to give certain rights for protection,but the data of Internet enterprises is included in the protection of the Anti-Unfair Competition Law,so as to protect the rights and interests of enterprise data,take into account multiple interests,and help stabilize the competition order of the data market.Secondly,it explores the path of data protection of Internet enterprises from the Anti-Unfair Competition Law,and sorts out three paths of trade secret clause,"Internet special clause" and general clause,so as to regulate the behavior of data unfair competition among Internet enterprises.However,there are still some problems,such as the conflict between effective data control and data circulation,narrow scope of the trade secret clause path,double absence of the regulation approach of the Internet specific path,fuzzy application boundary of the general clause path,and confusing logic of the choice of protection path.Thirdly,the research on the legislation of data protection of Internet enterprises outside the region shows that the data protection of Internet enterprises in the EU,the United States and Japan is different.Advanced experience is extracted for the data protection of Internet enterprises in China.Internet enterprise data is a commercial resource,and enterprise data types should be divided and differentiated protection should be implemented.Concern should be given to the dynamic compatibility of data protection and data flow.The protection of Internet enterprise data is not unconditional,but also the balance of interests should be considered to encourage Internet enterprise operators to actively and independently carry out data management,so as to realize the value of Internet data and the interest demands of data circulation.Finally,according to the shortcomings of China’s existing paths and overseas experience,the countermeasures are proposed to change the concept of data protection of Internet enterprises,ensure the parallel of data control and data circulation,build a dynamic and diversified data interest balance,and clarify the applicable logic of specific protection paths,and establish the scenario convergence of Internet enterprise data protection paths.