Illegal Determination Of Data Acquisition Between Network Platforms

With the advent of the data era,the competition between enterprises for enterprise data is intensifying,and unauthorized data acquisition behaviors among network platforms occur frequently.However,because China’s "Anti-Unfair Competition Law" does not clearly stipulate such acts,there is a big dispute when determining whether the act is illegal,such as whether the network platform data controller has legal rights and interests in enterprise data This kind of index is used as the standard for unjustified identification and so on.When determining the illegality,the “two-step” approach should be followed.First,it is clear that the data controller has certain legal rights in the data,and secondly,the appropriate identification standard is selected to determine the unfairness of the behavior.For the identification of enterprise data attributes and ownership,when the data is economical,transactional,and specific,and the data controller collects and uses data legally and invests related costs,and also obtains commercial benefits and competitive advantages due to the data The data controller enjoys legal property rights and interests in the data.If the data is derived from the original user information,the data controller will enjoy independent property rights.In terms of unjustified standards,the traditional business ethics standards have deficiencies in ambiguity,and the newly introduced Internet special clauses have deficiencies such as unsatisfactory typification,unclear “hindering” and“damaging” behaviors,so they should Introduce interest measurement standards,take competitive behavior as the starting point,measure the impact of competitive behavior on the interests of operators,consumers,market competition and other interests,and then assess the legitimacy of the behavior.If the overall interests can be maximized,even if the interests of one party are damaged,it should not be deemed that the acts constitute unfair competition.