Research On The Protection And Regulation Of Operators’ Data Rights ——Taking Taobao V.Gugu Unfair Competition Case As An Example

In the digital age,the collection,processing and exchange of platform data take place between equal subjects（between network users and the Internet,between enterprises and enterprises）,and so does the competition for data.Based on this reality,civil and commercial law is naturally suitable for adjusting the legal relationship of platform data.Combined with the process of platform data collection,processing and utilization,we can clarify the connotation of platform data rights with the help of some concepts of civil and commercial rights.Platform data rights refer to the dominant composite rights enjoyed by civil subjects according to law based on platform data,including storage rights,possession rights,use rights,income rights,reproduction rights,sharing rights,privacy rights and other rights.This definition takes into account the dual attributes of property rights and personal rights of platform data rights.In the current era,data has become an important production resource for enterprises,and Internet enterprises are increasingly competing for platform data.There is an obvious lack of institutional supply for the nature and ownership of platform data in China’s laws.For such problems,courts often judge by the relevant provisions of the anti unfair business law.In the era of big data,data has become one of the most important production factors of enterprises,and its economic value is immeasurable.There are more and more cases of disputes over platform data rights.The courts are limited by the principle of "property rights" and often use the abstract provisions of the Anti Unfair Competition Law for judgment.The right and property of platform data is a problem to be solved,and the law needs to respond.A more realistic problem is the allocation of platform data rights,which involves the balance of personal interests and enterprise interests.The future legislation on data has two major meanings: first,it is conducive to the protection of personal information and data security;Second,it is conducive to promoting the open flow of data,developing applications and releasing its economic potential.