Research On The Protection Of Data Rights Of Enterprises From The Perspective Of Anti-Unfair Competition Law

With the development of the digital economy,the use of big data is everywhere in our lives,and the emergence of data has greatly facilitated our lives.Moreover,due to its immense value,data has been called the "new oil" of the 21 st century.The Fourth Plenary Session of the 19 th CPC Central Committee has even decided to classify data as a factor of production alongside land,labour,capital and technology.The dispute over the ownership of data is one of the hot topics in the context of the big data era,but the existing laws in China do not provide clear provisions on this issue.Legal scholars from different fields and backgrounds have different views on its complex and diverse rights and interests.The collision of these views has brought new ideas to the legal protection of the rights and interests of enterprise data.At the same time,corporate data plays an increasingly important role in the development of enterprises.In order to seek competitive advantage,occupy more market share and enhance their core competitiveness,there are numerous problems such as the unauthorized capture and use of other people’s data and excessive data capture.The emergence of these problems has caused serious damage to personal interests,market order and public interest.In the face of these problems,corporate data cannot be adequately protected under the established legal framework.In recent years’ judicial practice,judicial decisions generally invoke the general provisions of the Anti-Unfair Competition Law,i.e.Article 2,to regulate,but with the increasing number of new types of unfair competition,the general provisions can no longer meet the requirements of reality.This article argues that,in order to better protect enterprise data,it is necessary to improve Articles 2and 12 of the Anti-Unfair Competition Law at the legislative level by means of laws and judicial interpretations.In addition,at the judicial level,the existing judicial determination method needs to be partially adjusted,and the issue of the determination of data unfair competition needs to be re-examined.In this regard,this paper intends to use literature research,empirical analysis and comparative research methods to analyse the existing cases,and on this basis,to optimize the application of the law and make further improvements to the criteria for determining data unfair competition,so as to better protect the rights and interests of enterprises’ data.