Research On The Regulation Of Unfair Competition Behavior Of Enterprise Dat

In the depths of the information age,enterprises’ pursuit of the economic value of data has caused a large number of unfair competition disputes,and the order of competition in the data market needs to be adjusted urgently.The characteristics of enterprise data determine that it is difficult to be included in the scope of property rights,copyrights,and new data property rights for scientific and reasonable regulation.The legal positioning of corporate data rights can meet the basic needs of transactions and circulation in multiple scenarios.Article 12 of the Anti-Unfair Competition Law adopts a typed legislative model,which cannot fully cover the unfair competition behavior of enterprise data.In the face of the predicament of Internet-specific article,judicial trials have cited general clause redundantly,causing chaos of different judgments in the same case.Although principled regulations can flexibly adapt to enterprise data unfair competition disputes as a basis for judgment,due to the lack of measurement standards for the principle of good faith and the complexity and changefully of business ethics,the judgment of legitimacy is uncertain.During the trial,the highly respected "triple authorization principle" was established for frequently-occurring data grabbing behavior,and the authorization link of this rule is flawed.Judges who adopt the trial mode of giving priority to private interests fall into the misunderstanding of paying attention to the consequences of damage,competitive relationship and other aspects.By comparing the decentralized legislative model and typical cases in the United States,the EU’s database protection and the data portability in the General Data Protection Regulation,combined with our country’s legislative and judicial status quo,we analyzed the similarities and differences in the legislative value orientation of corporate data protection in three areas.This paper puts forward some suggestions according to the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China(Exposure Draft)and the officially promulgated version,it is appropriate to introduce the applicable elements of the principle of proportionality into the miscellaneous provision.The general provisions should be explain and reinforce the Internet special articles in appropriate circumstances.When refining the criteria for judging the legitimacy of enterprises’ data-related competition,the principle of good faith should add objective standards,and the carefully verified industry norms can be used as a reference for business ethics.At the same time,industry regulations should be carefully reviewed in the judicial trails and an attitude of restrictive interference should be adopted.According to the type of enterprise data,it is determined whether the user’s or enterprises’ authorization are required.Whether the data acquisition behavior needs authorization from users or enterprises can be decided according to the classification of enterprise data.To improve the trial mode of unfair competition cases in enterprise data,it is necessary to build a dynamic balance framework of multiple interests and shift the focus to the enterprise data competition itself.