Regulation Of Anti-unfair Competition Law On Illegal Access To Data

With the development of the Internet economy and the maturity of big data technologies,cases of unfair competition among companies are becoming more frequent and hot.Many of the companies involved are well-known Internet companies.In particular,reshaping business ethics through anti-unfair competition laws is the subject of this article.This article is divided into four parts.The first part is about the definition and connotation of data.First of all,from the perspective of informatics,distinguish the meanings of data,information,and intelligence that are directly related to the text.It is based on the theory of symbol linguistics,which incorporates data and information into the physical layer,symbol layer,and content layer.Second,it discusses why modern society is so dependent on data,and draws on the picture of a data-dependent society based on the theory of risk society.Finally,the necessity and rationality of data competition regulation are demonstrated from the perspectives of technology neutrality,technology innovation,industry ethics,and consumer interests.The second part uses the method of empirical research to understand the theory and practical status of illegal data acquisition.From the situation of the publication of CNKI,the topic of illegal data acquisition and utilization has occurred in the past 3 years.From the practical case,Listed three representative cases and combined relevant laws,regulations and industry standards,established data acquisition and utilization rules at three levels: personal data,corporate data,and government data.The third part focuses on three main issues related to the protection of illegal access to data and unfair competition protection.The first topic deals with the regulatory basis of data dispute cases.It points out that choosing general provisions of the anti-unfair competition law to protect data is an inevitable choice for data de-rights.The second topic involves the improper judgment of illegal data acquisition and use.The law of unfair competition must pay attention to the value of institutional interests in the process of protecting the interests of competitors,consumers and the public interest.The last topic is a reflection on the improper judgments in the existing judicial trials from four perspectives: data rights management,internet connectivity value,merchant logic,and free-rider limits.The fourth part is to put forward suggestions to improve the legal regulations of data scraping.The biggest drawback of the anti-unfair competition law in protecting corporate datais that corporate data is regarded as a pure economic benefit,and it is inferior to other laws in terms of protection intensity and density.In this regard,the author believes that data,intellectual property and other intangible property should be included in the framework of symbolic property first.Second,data competition cases can be included in Internet provisions for protection from the perspective of improvement of Internet provisions in the Anti-Unfair Competition Law.Third,Data governance should proceed from platform governance,taking into account the protection of personal information and open sharing of data.