On The Protection Of Enterprise Data Rights And Interests By Anti-Unfair Competition Law

With the development of Internet technology,the digital economy in our country has gained a rapid development.In the era of digital economy,enterprise data has become an important asset of enterprises,and all kinds of unfair competition behaviors surrounding enterprise data also appear and emerge endlessly,and related disputes over the rights and interests of enterprise data are increasing day by day.China attaches great importance to the protection of the rights and interests of enterprises’ data.In November 2022,the Anti-Unfair Competition Law of the People’s Republic of China(Draft Amendment)(hereinafter referred to as the "Draft")added a special clause on commercial data.When the ownership of enterprise data is not clear,the application of anti-unfair competition law to protect the rights and interests of enterprise data has the advantages of low cost and high income,so it becomes a better choice to protect the rights and interests of enterprise data.In judicial practice,due to the limitations of the trade secret clause and the Internet clause,we mainly apply the general provisions of the Law against Unfair Competition to protect the rights and interests of enterprise data.However,this kind of protection can only be used as a transitional means,so it is imperative to further explore more comprehensive protection of anti-unfair competition law.This thesis is mainly divided into four parts:The first part is the introduction,which mainly describes the source of the topic and the significance of the topic,summarizes the research status of the protection of enterprise data rights and interests at home and abroad and the research methods of this thesis,and highlights the innovation point of this thesis,that is,discusses how to use the anti-unfair competition law to balance the rights and interests of operators,consumers and other operators under the premise of data circulation.So as to fully protect the rights and interests of enterprise data.The second part is an analysis of the connotation and protection path of enterprise data rights and interests.The author firstly analyzes the enterprise data and believes that the enterprise data should be limited to the data set formed by the operators after collecting,screening,sorting and processing the original data generated by the consumers in the network activities.Secondly,according to the different subjects,the enterprise data rights and interests are divided into operators’ rights and interests,consumers’ rights and interests and other operators’ rights and interests,and their contents are analyzed and summarized.At last,the thesis summarizes the protection path of enterprise data rights and interests,and emphatically analyzes the advantages of anti-unfair competition law in protecting enterprise data rights and interests.The third part is the practice of protecting enterprise data rights and interests at home and abroad.Firstly,it introduces the current situation of domestic legislation and judicial practice,and analyzes the trend of legislation to point out the three problems existing in the current practice: the uncertainty of the protection of operators’ rights and interests,the conflict of rights and interests under the principle of triple authorization,and the excessive power of digital platform data;Secondly,it analyzes the causes of these problems,including the imperfect legislation,the absolute application of the data authorization principle in the judicial judgment and the insufficient regulation of the responsibilities and obligations of digital platforms.Finally,the thesis summarizes the practice of the European Union and Japan in the direction of the protection of corporate data rights and interests,and analyzes the useful experience.The fourth part puts forward some suggestions to improve the protection of Chinese enterprises’ data rights and interests in the anti-unfair competition law.First,in view of Article18 of the Draft,it puts forward some suggestions to further clarify the issues related to "technology management measures","substantive substitution" and "information freely used".Secondly,from the perspective of judicial practice,it puts forward that the applicable interest measurement should be standardized on the basis of the modesty principle and the identification standard of commercial ethics.It also focuses on the analysis of the role of Robots protocol in the justification judgment,so as to prevent the abuse of Robots protocol.Thirdly,according to the identifiable degree of personal information on the enterprise data,the enterprise data is divided into identifiable personal information,not fully desensitized enterprise data,and fully desensitized enterprise data,and the hierarchical and classified data authorization principle is established.Finally,the subject responsibilities of digital platforms are classified and defined,and then the competition promotion obligations of digital platforms are determined through dialogue,and the subject responsibilities are supplemented,so as to strengthen the regulation of digital platforms.