Research On Anti-unfair Competition Law Regulation Of Data Crawler Behavior

In recent years,with the deep integration of the Internet,big data and the real economy,data has become a key production factor in business competition,coupled with the increasingly intense competition in the field of digital economy represented by the competition of digital platform enterprises,the competition among operators is carried out around the competition and utilization of data resources to carry out.There are more and more data-related disputes,among which,data crawler disputes are the most frequent.Data crawling is a technology with neutral characteristics.Proper crawling behavior can promote the flow and sharing of data,while improper crawling behavior can disrupt the order of market competition and hinder the innovation of data products.Due to the lack of clear regulation of data crawlers’ unfair competition in China’s current Anti-Unfair Competition Law,it makes the handling of unfair competition disputes caused by data crawlers in judicial practice often suffer from unclear logic of competition damage judgment,vague judgment standard of business ethics principle in general terms,and lack of pre-litigation damage relief system.Therefore,in order to better achieve the anti-unfair competition law regulation of data crawlers,first of all,it is necessary to add a data crawler unfair competition type clause in Article 12 of the Anti-Unfair Competition Law,i.e.,crawling data with commercial value from products or services legally provided by other operators without permission or justifiable reasons,and constituting a substantial substitution for the content of the operator’s products or services or damaging The operator’s other legitimate rights and interests,in order to fill the lack of legislative regulation of data crawling behavior.Secondly,when judging whether the crawling behavior belongs to the object of unfair competition regulation,the data should be judged from whether the products or services of the crawling party constitute substantial substitution,and the loss of competitive advantage should not be used only as an element to determine whether the crawling behavior constitutes unfair competition.Again,it is necessary to refine the criteria of business ethics judgment in the general provisions,to make comprehensive interest measurement for the determination of violation of business ethics,and to combine industry practices and self-regulatory conventions as the judgment of the legitimacy of the behavior.Finally,in order to prevent the expansion of losses caused by data crawling behavior,the litigation injunction system can be constructed and the conditions of use can be clarified.