Competition Law Regulation Of Data Scrapin

The difference in the legal attributes of data determines the difference in its protection path,and it is a basic premise to limit the extension of "data" when studying the subject of competition law for data crawling.The extraction of the concept of enterprise data is the first classification goal of the subject of data crawling competition laws and regulations.Under the concept of enterprise data,there should be further subdivisions to match the anti-unfair competition and anti-monopoly regulatory paths of data crawling.The Anti-Unfair Competition Law is used as the main legal basis for regulating data scraping in the current judicial practice in China,but according to the content of the latest revised version of the Anti-Unfair Competition Law,it has not yet included unfair data competition in the category in regulation.The first meaning of the research on competition laws and regulations on data scraping is to call on the legislative level to respond to the type of regulation of unfair data competition,and to propose optimization suggestions for the handling of unfair data competition disputes in judicial practice.The determination of the legitimacy of data scraping acts is the key content of the judgment of data scraping unfair competition disputes.The introduction of more detailed factors such as data,technology,usage,and the impact of data monopoly on its legitimacy will lead to a judgment.more fair and reasonable.The introduction of the anti-monopoly regulatory path for data crawling is helpful to the establishment of a digital competition system.Anti-unfair competition regulation and anti-monopoly regulation together constitute a competition law regulation system for data crawling,which is an important part of building a digital competition law system.