Research On The Protection Of Enterprise Data By Anti-unfair Competition Law

With the rapid development of the new round of technological revolution and industrial change,data has become the core production factor to promote the development of digital economy,at the same time,the unfair competition between enterprise platforms involving data is also increasing.Disorderly competition can destroy the normal business order and even hinder the development of digital economy.In this context,the Internet industry and the digital economy together call for a healthy and orderly development environment with fair competition,and it is timely to research and establish rules for data competition protection in the Internet industry.The first chapter discusses the definition of the concept of enterprise data and the current problems of its protection in the anti-unfair competition law.Although academics have paid attention to the value of data and made some useful academic researches,the focus of discussion mainly revolves around the legal attributes of data,and there is a lack of relevant researches specifically for the protection of enterprise data.In judicial practice,disputes between major platforms over the use of enterprise data are increasing.This paper further identifies the research object of this paper by collating the current controversial definitions of enterprise data in academic circles,so as to point out the problem of unclear criteria for determining the legitimacy of competitive behavior in the current anti-law protection.The second chapter deeply analyzes the judgments of typical cases in China and summarizes the relevant jurisprudential rules,and on this basis,explores the relevant legal provisions involving the justification standard.Although there is legislation in the field of anti-unfair competition in China,with the rapid economic development,the drawback of the lagging of the law has become increasingly obvious.Especially in the field of Internet,the old law has created a series of problems for the brand-new field,mainly reflected in the "escape risk" of the general provisions of Article 2 of the Anti-Unfair Competition Law and the "unconvincing" of the Internet-specific Article 12.In this paper,we analyze the causes of the problems and lay a solid foundation for proposing the "right remedy" solutions.The third chapter focuses on the legislative motions and relevant cases of data protection at home and abroad,and summarizes the experience of the protection of enterprise data in the judicial practice of relevant developed countries.The current foreign legislative protection mainly focuses on personal privacy protection and unified legislation,which provides a reference experience for China to build an anti-unfair competition law protection system for enterprise data.And the continuous adjustment of the relevant cases for the standard of justification of behavior also provides the space to explore for the establishment of the standard in China’s judicial practice.The fourth chapter is based on the above theory and current situation,and proposes legislative suggestions for China.Firstly,we can follow Japan’s example in establishing the provisions on the improper acquisition and utilization of enterprise data;secondly,we can clarify the boundaries of the behavior of data utilization enterprises by adding a special article on the Internet;thirdly,we can reconstruct the system of the elements of the determination of data unfair competition by combining various factors such as industrial policy,technological innovation,consumer rights and interests,and market competition order.In order to solve the problem of justification standard for enterprise data in the framework of protection of anti-unfair competition law,so as to realize the stable order of data use,data circulation and data sharing.