Legal Protection Of Enterprise Data In The Era Of Data Economy: Model Selection And Realization Path

In the era of data economy,enterprise data has become a production factor and core competitiveness of Internet competition and operation,and enterprises can bring great competitive benefits after data analysis and utilization,and compete for their own competitive advantages in the market.Although the rights related to corporate data are not stipulated in the existing legal system,enterprise data interests are legal interests that can be protected by law.The characteristics of Internet interconnection require enterprise data to exert the greatest value in circulation;but at the same time,enterprise data with competitive interests is in the public domain,and competitors may seriously damage the interests of enterprises by using enterprise data without the consent of enterprises for the purpose of competing for interests.In the absence of new rights created by law,based on the existing legal system,the best way to protect is to continue to apply the general provisions of the Anti-Unfair Competition Law,and seek a suitable protection path through the legitimacy of enterprise data utilization.However,in the specific application,there is ambiguity in the determination of the general provisions,and based on this,the academic community has proposed a new protection path-the empowerment protection model.Which protection path is more in line with the characteristics of enterprise data and is more conducive to the development of the data economy market,as well as what problems should be paid attention to in the application process,and how to determine the analysis steps when determining the legitimacy of the behavior,these are the practical problems that this article wants to solve.question.In addition to the introduction and conclusion,this thesis is divided into four chapters.Chapter I shows questions,subdividing the problem into three sub-questions,and introducing the sources and characteristics of enterprise data while asking questions,leading to the concept of "enterprise data" discussed in this article.The first section aims at the situation that the existing legal system in my country does not directly protect enterprise data,and analyzes different protection paths in combination with the particularity of enterprise data,and concludes that the protection form of the general provisions of the anti-unfair competition law adopted in the current judicial practice is the most practical.The second section introduces the footholds and problems of the two different models of behavior regulation protection and empowerment protection,and preliminarily concludes that there are flaws in the application of the empowerment protection model.Section 3 raises the main issues in the application of general provisions in specific disputes,the most important of which is how to maintain legal humility and maintain the space for free competition in the market in the application;and how to determine whether the competitive behavior satisfies the "business ethics" requirements in the new data economy market environment.These issues will be interpreted and analysed in Chapters II and III,and suggestions for changes to the application of the law will be given in Chapter IV.Chapter II analyzes the two paths of empowerment protection and behavior regulation protection,analyzes the legal basis of the two paths,and seeks the most appropriate protection model.Combined with the characteristics of data interconnection in the Internet and the existing phenomenon of "data dividend",refuting the labor entitlement theory and incentive theory advocated by the data empowerment protection path,it is concluded that in the case that the law has not yet determined the "rights" of enterprise data,enterprise data is only a legal benefit that has not been elevated to a right,and the presumed protection model of the Anti-Unfair Competition Law should be applied to protect the free use of enterprise interests by regulating the use of competitors.Chapter III mainly addresses the problems that exist in the specific application of general provisions in individual cases.It is advocated that before determining the legitimacy of competitive behavior,it is first determined whether there is a competitive relationship between competitors and enterprises through the factors of "degree of similarity in business models" and "degree of overlap of user groups",so as to conform to the particularity of market competition variability and cross-border nature,protect the scope of free competition in the market,and maintain legal modesty.On the basis of determining that there is a competitive relationship between the two,it is determined whether the competitive behavior violates the requirements of business ethics and whether it will affect the order of free market competition.The attributes of competition law require that the focus should be on the competitive behavior,rather than the scope of protection of rights and interests,and the focus should be on whether the competitive behavior meets the requirements of business ethics in the market area.However,the data economy market is a new type of market,which has not yet formed stable business practices,and there are obstacles in the process of judicial determination,so the author advocates the introduction of the "proportionality principle" in the application of individual cases.Chapter IV is mainly to demonstrate the feasibility of using the proportionality principle to judge whether the competitive behavior meets the requirements of business ethics.Combining with past judicial cases,it can be seen that there is an idea of using the proportionality principle in practice,but there is a lack of a clear system framework in the specific determination.It can be seen that the application of the proportionality principle is feasible,but there is a lack of clear application steps.Therefore,by analyzing the case of "Hantao v.Baidu",this paper once again clarifies the specific steps of judicial application in disputes involving data,and advocates that in specific cases,it is necessary to first determine whether corporate data belongs to the legal interests of legal protection,and judge the relationship between competitors and enterprises.Whether there is a specific competitive relationship between them,and then determine whether the competitive behavior meets the business ethics requirements in the data market field through the three sub-principles of the proportionality principle,and obtain the legitimacy of the behavior through the advanced determination of the appropriateness principle,necessity principle and balance principle conclusion.In this way,the reasonable boundaries of free competitive behavior can be defined dynamically based on the changing market environment,which is more in line with the development of the data economy market.