Research On Protection Of Enterprise Data Rights And Interests By Competition Law In The Context Of Big Data

With the arrival of a new round of global industrial revolution,namely artificial intelligence era,data and its utilization have become the new power to promote development in the future digital economy era.At present,China has elevated the development of big data to the overall height of national development strategy and tried to give an effective response in the construction of legal system.In China,the legal protection of enterprise data rights and interests has been discussed for a long time,but there is still no ideal solution.Since the interests related to enterprise data involve multiple subjects,the author advocates to resolve the complex pattern of interests through the competition law model of interest division and behavior regulation.First of all,enterprise data protection should be discussed in combination with the nature and legal nature of data itself.The choice of legal protection mode for enterprise data should not only conform to the general data characteristics such as instantaneity,non-material wastage and public goods,but also conform to the data unique attributes such as enterprise ownership,scarcity and the limitation of anti-competition effect.The rights and interest’s nature of enterprise data provides the basic theoretical basis for the protection of enterprise data by competition law.This paper denies the idea of property protection of enterprise data.Thirdly,foreign experience in the protection of corporate data in competition law is worth learning from,especially the ideas of Japanese competition law legislation and judicial precedents from the US and the self-regulation of the US corporate data industry.The Japanese Anti-Law clarifies the anti-competitiveness of improper data capture and utilization by adding "limited data clause" to protect the legitimate data rights and interests of data control enterprises.The relevant judicial precedents in the United States have taken note of the anti-monopoly restrictions on enterprise data protection and considered the appropriate protection of data rights and interests of data using enterprises.The US industry self-regulation helps to balance the development of the data industry with the proper protection of consumers’ privacy rights.Finally,combined with the existing problems in the protection of corporate data rights and interests in China,it is suggested to proceed from three aspects:First,the legislative level should imitate Japan to add special articles on the behavior of improper data capture and utilization,and cooperate with the introduction of judicial interpretation and judicial relief measures to clarify the behavior boundary of data utilization enterprises.Second,the judicial level introduces the concept of privacy scenario protection to protect user data and pays attention to the monopolistic behavior of data control by the enterprises that unreasonably restrict data flow.Third,set up the industry self-discipline and administrative enterprise data supervision system.