Research On Business Secret Protection Path Of Enterprise Data

With the rapid development of Internet technology,the era of big data has come.Enterprises are the core force to promote the development of data economy.If the data interests of enterprises can not be effectively protected,the development of data economy is bound to be hindered.Based on the particularity of data and the relative lag of legislation,the current judicial practice in the face of disputes caused by enterprise data mainly applies to the general provisions of the Unfair competition law,for the time being,the enterprise data rights and interests are defined as a kind of“Competitive interests” to realize individual case relief.However,the disadvantage of this protection route lies in that “Competitive interests” can not draw a clear boundary for the exclusive sharing of data interests,and it is difficult to provide exclusive protection in advance for Data Enterprises.Therefore,this protection path can not meet the fundamental needs of enterprise data protection,and is not conducive to the longterm development of the data industry.Based on three typical cases,this paper takes which protection path should be taken as the research object to identify the protection needs of enterprise data interests,by comparing the right path,the right path and the general clause protection path inside the right path with the Trade Secret Protection Path,the paper rethinks the agreement between the different protection path and the enterprise data interest.In order to find a help to promote the healthy development of China’s data economy enterprise data interests protection path.The full text is divided into four parts:The first part,from the perspective of three typical cases of enterprise data disputes,analyzes the legal issues related to the legal attributes and protection paths of enterprise data in typical cases,in the judicial practice,there are still some problems in the choice of the way to protect the enterprise data.It goes on to point out that at the heart of the case,there are still gaps in the application of anti Unfair competition laws to protect corporate data.The second part analyzes the object attribute of enterprise data and answers the legal questions in typical cases.The Civil Code responds to corporate data as an interest.Considering that the protection of enterprise data should be balanced with the interests of individuals and the public,this paper further probes into the different influences of the right protection mode and the right protection mode on the development of data industry.The third part mainly discusses the legal protection route choice of enterprise data.By comparing the path of protection of rights and interests with that of rights and interests,this paper determines that the rights and interests of enterprises should be protected,and then analyzes the superiority and feasibility of the path of trade secret under this mode.The path of trade secret protection is not only beneficial to the comprehensive protection of enterprise data,but also urges the relevant enterprises to pay attention to the management and storage of the big data they acquire,and to take reasonable security measures to protect it as a trade secret,so that the relevant personal information contained in it can also obtain technical protection,to a certain extent,is conducive to improving the operator’s intent or gross negligence to disclose the user’s personal information.The fourth part is about the improvement of enterprise data trade secret protection path.On the one hand,the anti-unfair competition law of 2019 amended the provisions on the burden of proof,the scope of protection and the pattern of conduct of trade secrets,making it more feasible in judicial practice to protect enterprise data by trade secret routes.On the other hand,the protection of trade secrets has the advantages of clear rules and strong protection.At the legislative level,attention should be paid to the unification of the anti-Unfair competition law and the technology transfer contract,and the provisions on the protection of trade secrets should be improved in the course of litigation,and appropriate reference to the extraterritorial law of the relevant system.