Research On Anti-Unfair Competition Law Regulation Of Data Capture Behavior

Artificial intelligence,big data and algorithms form the three cornerstones of Internet enterprises.Training algorithms with big data and promoting artificial intelligence with algorithms have become the modern path for the development of Internet enterprises.Data assets are increasingly becoming the core competitive resources of Internet enterprises.The unfair competition behavior of data capture will adversely affect the market competition order,operators’ data rights and interests and consumers’ interests.In the case of data ownership confirmation and disputes,China currently lacks special laws on data ownership,and there is no clear boundary of data ownership in data element market.In practice,unfair competition behaviors of data capture are often regulated by anti-unfair competition law.However,the general enumeration of the Internet special provisions of the Anti-Unfair competition Law does not cover the acts of unfair competition in data capture,and courts often make judgments according to the general provisions of the Anti-unfair competition Law.In the applicable general terms and conditions,due to data fetching the components of the ACTS of unfair competition,no consensus for business ethics connotation definition of fuzzy,general terms and conditions apply excessive,difficult to market main body to provide a clear behavior guidelines of defects,and because data fetching ACTS of unfair competition under the actual loss and illegal profit proof is difficult,It also weakens the relief function of anti-unfair competition law against unfair competition in data fetching.To this,it is necessary to further clarify the data fetching the value orientation of ACTS of unfair competition and the referee rules,in the balance data controller,network users and the social public interest,on the basis of clear data fetching the components of the ACTS of unfair competition,further defined data fetching behavior standards of business ethics and the connotation under different scenarios.It is suggested that the Internet special article of the Anti-unfair competition Law should add relevant provisions on unfair competition behavior of data capture,limit the applicable conditions of the Internet special article to cover the bottom of the provisions,clarify the applicable principles of the general provisions,and add provisions on the use of legal compensation when the actual damage and the actual profit of the other party cannot be proved.