Research On Anti Unfair Competition Law Regulation Of Data Crawling

Data is a core competitive element in the digital economy and plays a crucial role in the development of a modern economy.At present,the competition of major operators for data resources is becoming increasingly intense,and the frequent data crawling disputes bring new challenges to the Anti unfair competition Law.How to coordinate between data protection and data circulation,promote the value transformation of data elements,create a fair and secure data trading environment,and promote the healthy development of the digital economy is an important strategic issue currently facing China.The academic discussion on data protected mode mainly focuses on empowerment protected mode and behavior regulation mode.There are significant differences in the specific regulatory paths of the two models;The comparative analysis of the two modes shows that the protected mode of behavior regulation has certain comparative advantages,among which the Anti unfair competition Law is more necessary and feasible to regulate data crawling.Since data crawling is a mature technology in recent years,the lag of the law has led to the lack of specific provisions on data crawling in the Anti unfair competition Law,and the regulation of unfair data crawling by the Anti unfair competition Law has encountered bottlenecks.With the increasing frequency of data crawling disputes,the applicability of current regulations has become prominent;Faced with new things,the concept of judicial adjudication has not yet been completely reformed,and the standards for determining legitimacy have not been unified;At the law enforcement level,various regulatory departments have not yet taken appropriate measures,their powers are not clearly defined,their division of labor boundaries are vague,and their regulatory systems are also not sound.Faced with these issues,this article first analyzes the technical principles of data crawling,and then based on the characteristics of data crawling behavior,and appropriately draws on relevant foreign experience,puts forward corresponding optimization suggestions.At the legislative level,special provisions for commercial data protection should be added to overcome the dilemma of no specific provisions to rely on and address the application of legal norms;Of course,the "data" regulated by the Anti unfair competition Law should be limited to the scope of business data.At the judicial level,it is recommended to correct conceptual deviations and unify the standards for determining legitimacy.The current market competition has multidimensional dynamics,and the "competitive relationship" should be interpreted substantively,that is,as long as there is a strong or weak correlation reaction between the trading opportunities,competitive advantages,and other factors between the two operators,it can be determined that there is a competitive relationship between the two sides.For the determination of legitimacy,the dynamic measurement of multiple interests can be used as the basic framework,adhering to the concept of humble intervention,using the principle of proportionality as the main approach,refining the standards for determining business ethics,and evaluating the legitimacy of behavior in two stages: acquisition and use.At the law enforcement level,it is necessary to clarify the authority arrangement of the law enforcement subject and enable them to perform their respective duties.Establish a sound supporting governance system and leverage the disciplinary and incentive effects of enterprise credit mechanisms.We should also start with the source of data crawling technology-code,and establish a code technology prevention and supervision mechanism.Accelerating the construction of data rule of law,improving the data related legislation of the Anti unfair competition Law,doing a good job in top-level design,unifying the judicial identification standards,improving the law enforcement and supervision mechanism,and accurately and effectively regulating improper data crawling will help promote the rapid,vigorous and healthy development of China’s digital economy.