Research On Protection Of Enterprise Data Rights And Interests By Competition Law

In the era of digital economy,data has become a key factor of production along with land,labor,technology and capital.As a new factor of production,data has been integrated into various industries and has affected all aspects of our production and life.As the business value of data becomes more and more obvious,data-driven enterprises have no scruples in competing for data resources.In order to improve the Competition Law protection of enterprise data rights and interests,this thesis discusses the legal attributes and rights of enterprise data,as well as the legislative and judicial status and existing problems of competition law protection,and then draws on the experience of data protection of foreign enterprises,and finally puts forward its own suggestions for the improvement of relevant provisions of the Competition Law,the regulatory principles that should be clear in judicial practice and antitrust considerations,in order to further improve the relevant legislation of the competition law on enterprise data rights and interests and increase the operability in judicial practice.The body of the thesis mainly includes the following five parts:Firstly,this thesis mainly expounds the research background and research significance of the research on the protection path of enterprise data rights and interests,the research theory of domestic and foreign scholars on this issue,and explains the research methods and innovation points.Secondly,the thesis provides an overview of enterprise data rights and interests,clarifies the legal attributes of enterprise data,and explains the scope and types of enterprise data studied in this article.This thesis analyzes the existing theories of the protection of enterprise data rights and interests,and expounds the necessity of competition law protection for enterprise data rights and interests.The thesis argues that enterprise data refers to large-scale data in the sense of big data,which is collected and used by operators in accordance with the law,and has commercial value,and it has a large market competition value.Moreover,enterprise data rights and interests are not completely exclusive rights,such rights and interests include the interests enjoyed by multiple subjects such as data controllers,individual users and other stakeholders,and this kind of rights and interests involving complex subjects is most suitable for Competition Law to dynamically balance the interests between them to maximize social interests.Thirdly,the thesis analyzes current status and problems of the Competition Law protection path of China’s enterprise data rights and interests.From the legislative level,the highlights and deficiencies of the Anti-Unfair Competition Law of the People’s Republic of China,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,and the Anti-Unfair Competition Law of the People’s Republic of China(Revised Draft)were analyzed,and the highlights and shortcomings of the adjudication of relevant typical cases were analyzed from the judicial level,and the legislative standards for determining competition elements such as competition relationships,substantive substitution,and data utilization behavior were not clear enough.This is reflected in judicial practice,which shows the problem of different judgments in the same case,as well as the excessive focus on protecting the individual interests of competitors in the judiciary,while ignoring the realization of overall competitive interests,and lacking corresponding anti-monopoly considerations for enterprise data.Fourthly,the thesis analyzes extraterritorial experience enlightenment on the Competition Law protection path of the enterprise data rights and interests.This chapter analyzes the governance models of the United States,the European Union and Japan on the rights and interests of enterprise data,and the United States adjusts data disputes between enterprises through the increasingly perfect information theft system in the experience of judicial precedents,pays attention to maintaining the flow of data,and begins to pay attention to data antitrust considerations.The European Union is influenced by the personality rights of individuals in civil law systems and actively legislates to protect the rights and interests of personal data;In Japan,it has added a clause limiting the provision of data to its competition law to regulate unfair competition in data.In the end,this thesis suggestions on improving the protection path of China’s enterprise data rights and interests Competition Law,clarifying the principles of regulation of enterprise data rights and interests under the Competition Law,clearly protecting the overall competitive interests rather than the individual interests of a certain competitor with the principle of ensure data flow,clarifying the modesty of the competition law with the principle of least interference,respecting the advantages of the market in allocating data resources,and clarifying the comprehensive protection of personal data rights and interests,including personality rights and interests,property rights and interests,and privacy and security rights and interests in the principle of safeguarding personal data rights and interests.Further clarify how to determine competitive relationships in a broad sense,avoid generalization of competitive relationships,and enhance the operability standards for determining competitive factors such as substantive substitution and data utilization behavior.In addition,the anti-monopoly consideration for the protection of enterprise data rights and interests is increased,and two perspectives are given for data anti-monopoly consideration,one is to consider whether the data constitutes a necessary facility,and the other is to consider whether personal privacy is properly protected.