Exploring Enterprise Data Protection From The Perspective Of Competition Law

The three elements of human survival and development are material,energy and information.In the present,data becomes the most important carrier of information.The enterprise data hides huge property interests,which is related to the development of enterprises,and also affects the competition of the entire market order of Internet industry.At present,the protection of corporate data,from the perspective of private law and judicial practice,has various disputes due to the claims of rights and has not yet established a complete legal system for data property rights.From the perspective of judicial practice,when seeking protection in the traditional system of rights,there are various problems in protecting enterprise data by using property rights,creditor rights,and intellectual property rights.Existing protection paths are not able to meet the needs of enterprise data protection effectively,reliably and comprehensively.At the same time,this paper believes that personal data already has the value of “money” in the era of digital economy with the advent of the Internet age.As a kind of competitive leverage,it enters the competitive behavior between enterprises and enterprises.Therefore,the protection of personal data and the protection of corporate data cannot be emphasized one-sidedly.We should balance the two in a competitive order.The rapid development of Internet companies in recent years has brought more and more problems,and the lag of legislation has determined that it is impossible to improve the legal system related to enterprise data in a short period of time.Therefore,in practice,China’s enterprise data protection mainly relies on the path of competition law,but what is the advantage of the data competition order and the rights-based path established under the framework of competition law? It will be one of the important issues discussed in the first chapter of this article.China’s current "Anti-Unfair Competition Law" Articles 2 and 12 have certain problems in the process of application.It is necessary to re-examine the applicable relationship between the two legal norms.How to protect the “oil” in the digital economy era of data is undoubtedly a complicated and important issue.When we focus on the domestic Internet market and focus on enterprise data protection,the current domestic data protection legislation is more concerned with the protection of personal information.This paper believes that when personal information and privacy protection conflict with corporate data protection,we should take precedence over enterprise data protection issues.However,from another perspective,The Internet market is an important starting point for leading the new economy,and the domestic Internet market is in a period of vigorous development.As the main driving force for the development of the digital economy,if the excessively neglected protection of corporate data will dampen the enthusiasm of enterprise development and innovation.Therefore,the basic data and the value-added data should be distinguished at first,and they are regulated by different legal rules under the competition law order.At the same time,it is recommended to set the data protection officer in the enterprise to effectively balance the individual with reference to the provisions of the data protection officer system of GDPR.In order to balance Information protection and enterprise data protection.It may not be the best choice to promote market freedom only from the level of public law or from the level of private protection.The protection of competition law can coordinate the dynamic balance of "freedom of information" and “information flow” in the competitive order.In addition,at present,in China’s judicial practice,the data competition between enterprises mainly relies on Articles 2 and 12 of the Anti-Unfair Competition Law as the basis of the referee.The various academic theories on data protection mainly focus on the path of rights.On the one hand,traditional rights have their own flaws in data protection,but the establishment of new data property rights requires a set of legal rules.On the other hand,for the Internet industry,which is in a period of rapid development and change,the development bottleneck caused by the enactment of rights after excessive rights should be avoided.Before the revision of the Anti-Unfair Competition Law in 2017,China’s competition law protection model was mainly adjusted according to the general provisions of Article 2.Since this article exists as a legal principle,although it plays a role in adjusting the competition of enterprise data.Important,but excessive generalization should be avoided where applicable.After the revision of the new law,the article 12 was added.This legislation is undoubtedly significant,but the development of technology is changing with each passing day.Various new types of competition means are constantly appearing in practice,and the three categories specified in the clause are not Legitimate competition behavior obviously cannot meet the requirements of the development of data competition means in practice.Therefore,at the level of legislation and law enforcement,the legal system should be further improved to better protect corporate data and maintain a fair and orderly market competition order.