Research On Regulating Data Crawling Through Competition Law

Nowadays,the competition among enterprises is becoming increasingly fierce,and business data has become the basis of emerging markets and the key to digital economy.Without protection and security,there is no value for utilization,and big data and digital economy cannot be formed.In this situation,it is particularly urgent for the data owners to have legal protection.When operators use technological means improperly to crawl a large amount of data collected by others,it should be identified as unfair competition behavior and regulated by competition law.The first chapter mainly introduces the background,literature review,research methods and basic structure of this paper.The second chapter defines data crawling discussed in this paper and expounds the necessity and feasibility of using competition law to regulate unfair data crawling.First of all,through expounding the meaning and characteristics data and data crawling,it is clear that the object discussed in this paper is commercial data which is different from public data,trade secrets and information.Secondly,the applicability of competition law to regulate data crawling is analyzed.On the one hand,unreasonable data crawling has social harm.If there is no competition law,competition will be destroyed.On the other hand,the nature of competition law conforms to the current status of data crawling.The third chapter raises questions,and the chapter expounds the problems of judicial practice and the Anti-unfair Competition Law.Through sorting out the cases of data crawling,it is found that there are different judgments for similar cases and the idea of regulation needs to be changed.Then,by analyzing Anti-Unfair Competition Law,there are problems of law and juridical practice.The fourth chapter mainly expounds the constitutive elements of data crawling which is unfair competition and the identification of exemption.First of all,combined with the identification mode of anti-unfair competition law and the characteristics of data grabbing behavior in judicial practice,analyzes the factors that affect the unfair competition behavior,and clarifies that the components of data grabbing unfair competition behavior include: competitive relationship,competitive data and legitimacy of behavior.Secondly,by analyzing law about exclusions of unfair data crawling,we can get a conclusion which kind of data crawling is legal.The fifth chapter mainly expounds the comparison between different countries which is about judicial practice.By analyzing the typical cases of the United States,the legal provisions of Japan,the rules of the European Union,it is found that the judicial cognizance of data crawling is more flexible than China.At the same time,there are many experience can be used for reference.The sixth chapter mainly describes the solutions to the problems which are introduced.The free competition should be given space by changing the idea of regulation.By establishing the elements of data crawling,company know which kind of data crawling is allowed in practice.Judicial interpretation and guidance case can make up for the deficiency of law.Data crawling can be regulated by the combined mode of public laws and private laws,and the rights of consumers will be protected.The damage caused by unfair competition can be reduced by improving the function of administrative supervision.