Research On The Regulatory System Of Data Scraping From The Perspective Of Competition Law

The Internet economy is an attention economy,and the full use of big data resources can stimulate infinite market vitality,encourage market entities to continuously innovate business models and improve service quality.However,in the platform economy model,a large number of data resources are in the hands of a small number of Internet giants,and new entrants expect to improve their service capabilities and quality by analyzing and using relevant data,and data scraping behavior is widely used because of its efficiency.Along with this,data control enterprises have filed more and more civil lawsuits for unfair competition based on their own competitive rights and interests.Since the current Anti-Unfair Competition Law does not have specific provisions on this behavior,the judicial adjudication of data scraping behavior is inconsistent,the standards for determining legitimacy are different,and no reasonable distinction is made between public interest damage and private interest damage,and there are situations where different judgments of similar cases emphasize data protection and inhibit data innovation.In view of the above problems in judicial practice,this paper draws on the practice and methods of the United States on the legal system of data scraping behavior,combined with the new situation and particularity of competition in China’s Internet market,and puts forward suggestions for improving the unfair competition behavior of data capture in China’s judicial system: first of all,unify the thinking of judicial regulations based on the legitimacy of behavior;Secondly,the nature of the data,the purpose of capture and use,whether the consent of the user and the data controller has been obtained,and the means of data capture and use are the main criteria for judging legitimacy;Thirdly,the judgment of damage should distinguish between the public interest and private interest damage of data scraping,and civil justice mainly realizes the regulation of unfair competition in data scraping through the remedy of private interest damage and the negative evaluation of public interest damage.