Research On Anti-Unfair Competition Regulations Of Data Crawling

At present,data has become a new resource and is being competed for,and the unfair competition of data crawling occurs in this context.Data crawling is a way of using crawler technology to obtain data through a certain program.Enterprise data,personal data and other types of data have become the objects of data crawling.Therefore,in disputes over unfair competition in data crawling,the data rights and interests of data crawler companies,crawled companies and individuals are often involved.Since the " Dianping v.Aibang.com" in 2010,disputes over unfair competition in data crawling have emerged one after another.However,there are many problems in the determination of unfair competition in data crawling in judicial practice,including the difficulty in determining the competitive relationship;the existence of infringement judgmental thinking;excessive use of general terms and idleness of Internet terms.Chinese "Anti-Unfair Competition Law" has formed a situation of "three elements coexisting" to protect the legitimate rights and interests of operators and consumers and maintain the order of market competition.Accordingly,it is necessary to further improve the laws and regulations on data crawling and unfair competition based on the legislative objectives of the anti-unfair competition law and in combination with the characteristics of data crawling.For example,improving the standards for the determination of competitive relationship,clarifying the neutral view of competition damage;standardize the applicable principles of general clauses,namely the principle of modesty,the principle of compliance with legislative purposes and the principle of proportionality,and at the same time standardize the application method of general clauses,that is,the method of measuring interests and the method of combining subjective and objective;add typed clauses to regulate data crawling behavior in Internet clauses,and improve the applicable rules of internet clauses.