Research On The Legal Regulation Of Unfair Competition Behavior Involving Enterprises’ Public Data

With the rapid development of our country’s Internet technology,our country has entered the era of big data,and data is called the oil of the data economy era and has a pivotal strategic position.The collection and processing of massive amounts of data by enterprises makes the data exhibit extremely high commercial value,especially the open data of enterprises has become the object of competition among enterprises,which has triggered the emergence of unfair competition involving enterprises in open data.Unfair competition of data among enterprises not only damages the normal order of competition in the data market,but also is not conducive to the healthy and stable development of the data industry.Therefore,it is necessary to regulate the unfair competition of enterprise data.For non-public corporate data,it is mainly protected by means of trade secrets,while for corporate public data,our country’s existing laws have not made clear provisions,and there are legislative gaps to a certain extent.In judicial practice,unfair competition behaviors involving companies’ disclosure of data mostly rely on Article2 of the Anti-Unfair Competition Law for determination,but Article 2 of the Anti-Unfair Competition Law is a principled clause with great uncertainty,which leads to the diversification of judicial adjudication.Legislatively,the newly-added Internet articles in the "Anti-Unfair Competition Law" also do not include unfair competition behaviors involving companies’ disclosure of data.my country’s existing laws lack effective regulations on such unfair competition behaviors.The determination of the legal attributes of public data by enterprises is the theoretical basis for effective regulation of unfair competition behaviors in public data by enterprises.Based on the particularity of public data by enterprises,it is necessary to construct new data property rights and grant rights enterprises with data management rights and data asset rights.At the same time,as a new type of unfair competition method in the context of my country’s big data,the unfair competition behavior of enterprises involved in the disclosure of data should be identified.Not all behaviors that use companies’ public data constitute unfair competition.Unfair competition behaviors involving companies’ disclosure of data are secretive and destructive.Both parties should have a competitive relationship,and the infringing company’s implementation violates the principle of good faith and business ethics.The improper use of the company’s public data has caused substantial damage to the rights companies and thus constitutes unfair competition.Regarding the legal regulation of unfair competition behaviors involving enterprises’ disclosure of data,the "Anti-Unfair Competition Law" should first be improved from the legislative level,and supplemented with related supporting measures,so as to construct a systematic and comprehensive unfair competition behavior involving enterprises’ disclosure of data.The legal system of regulation.Effective regulation of unfair competition behaviors involving companies’ open data is not only conducive to promoting companies’ data innovation and production,but also conducive to data sharing and circulation,thereby creating a good order and environment for competition in my country’s data market.