On The Legislative Protection Of Trade Secrets In The "Internet +" "Big Data" Era

With the appearance of "Internet +","big data",social economy becomes more complex and changeable.Business that contains secret information data become more transparent and easier to access,and no longer like the traditional commercial secrets,the commercial subject always remain isolated between the same industry competitors,but for commercial secrets infringement has become varied,the protection of commercial secrets put forward higher requirements.Currently business secret protection mainly face the following problems: the protection of business secrets for digital information to the right of trade secret information data attribute and ownership that has brought the difficulty,the existing laws and regulations in the new situation seem too vague with rigid standards,the standard such as "secret" is not clear cause it’s hard to determine whether the data structure has been known by the public,the standard of "confidentiality management" is too subjective and difficult to clear whether the obligee to digital business secret information to exercise the security measures,the infringement is difficult to define that normal data information collection behavior and infringement between the boundary is not clear,there are conflicts between public interests and the data subject right protection,the holder of the proof is difficult to cause the tort damages claim is hard to get support,and because of low compensation standard breed infringing business secret behavior such as a series of problems.On current international countries on the traditional business secret legislation is generally adopted in accordance with the definition,constitutive requirements and infringement determination,the burden of proof in the order to make regulation,legislation on data protection mainly for the individual,especially in the natural person,upon confirmation of individuals for their personal data has the absolute right at the same time,for data privacy protection of materials,including storage,copy,delete,dispose,a series of rights,and through the legislation to adjust personal data on the balance between rights and public interest demands.Among them,the United States and the European Union’s commercial secret protection and data protection law system stand out,but in contrast,the United States pay more attention to the protection of public interests,and the European Union is more focused on the protection of human rights,the data are for the global data protection legislation has played a good demonstration effect.Obviously,our current difficulties and new problems on "Internet +","big data" background of digital business secret law protection,the European and American countries,with its legal protection for trade secrets and data is relatively mature theory and research results provided experience can be used for reference for our country,as we build business secret data protection law system provides a new train of thought.The writer believe you can first through on civil subject start data protection legislation,to clear digital business secret right attribute,on the basis of clear digital business secret rights belonging and protection standard,and the balance between public interests and rights and power,to adapt to the new era background of digital business secret protection requirements;Next it can also be based on the existing laws as soon as possible to be sorting,choreography and fill a vacancy,moderate to adjust the existing distribution of burden of proof in trade secret infringement disputes,in accordance with the unified legislative purpose,value and aim to complete the work for the perfection of the existing business secret protection law,to optimize the existing business secret protection legal system at the same time,separating the protection of business secrets legislation lays the foundation for the next step.Finally it can also further perfect and improve the commercial secret infringement compensation standard and moderately improve commercial secrets infringement cases and increase the quota of minimum compensation for punitive damages system for trade secret infringement disputes in China,such as supplementing and perfecting compensation system,to strengthen the warning role of infringing business secret behavior,and ultimately achieve perfect "Internet +","big data" the purpose of the business secret legal protection.