| With the development of digital technology and information tools,the economic value of data becomes more and more prominent.It is necessary to regulate the behavior of collecting,processing and using data by law,because the dispute will affect the enthusiasm of the operators in the data industry and do harm to the benign development of the data industry.Regarding the collection,processing,and use of data by operators,the Copyright Law,Contract Law,and Competition Law provide regulatory methods on the premise that they are in line with their own legislative purposes.At the same time,scholars put forward the suggestion of special legislation on this kind of behavior based on the consideration of protecting data.Through the comparison of different regulatory paths,combined with the actual conditions of the current data industry,it is a more appropriate way to regulate the behavior of collecting,processing and using data by supplementing the Internet clause and general clause of the Anti-Unfair Competition Law and regulate data monopoly with anti-monopoly law.At present,the provision of the Internet clause is too broad and their scope of application should be limited.Before the Internet clause is improved,the general clause can continue to be applied to regulate the collection,processing and use of data by operators.When applying the general clause,we should judge the legitimacy of the behavior by integrating the market competition order,the interests of the operator and consumer,the principle of good faith and the business ethics.The application of the anti-monopoly law can supervise the restrictions and elimination of competition in the process of collecting,processing and using data by operators.Regulating the collection,processing,and use of data by operators in this way can not only provide appropriate protection for operators’ investment,but also prevent data monopoly,meet the needs of data circulation and ensure the effective use of data. |
