The Research On Legal Regulation Of Enterprise Data Unfair Competition

Nowadays,big data information technology has improved its quality and taken off,the digital economy has become a new engine of economic growth,and enterprise data,as a new production factor,plays a pivotal role in business competition.As an important component of the digital economy,enterprise data plays a pivotal role.At the same time,the number of unfair competition events caused by enterprise data is increasing and the ways of behavior are diverse.However,due to its unique competitive nature,it is difficult to classify it as property rights,copyrights,new data property rights and other fields.Therefore,it is necessary to explore scientific and reasonable regulatory measures to regulate it to ensure the safety and effectiveness of data competition.The unfair competition behavior of enterprise data has both the common features of traditional unfair competition behavior,such as using network data for false propaganda,and its unique characteristics,such as secrecy,variability,and destructiveness.It is precisely because of these characteristics that new types of unfair competition are not effectively regulated in the current legal system.The type-based legislative model of Article 12 of the current Anti-unfair Competition Law of the People’s Republic of China(hereinafter referred to as the "Anti-unfair Competition Law")can no longer meet the current legal needs of China,and can not accurately and comprehensively cover all enterprise data unfair competition behaviors.At present,the unfair competition of enterprise data in the society is also diversified.If we can not use accurate legal means to effectively stop such acts,it will have a great impact on the sound development of China’s digital economy.Therefore,in order to cope with the rapid development of digital technology in China,it is necessary to scientifically plan the legal system and promote healthy market competition.This paper starts with the connotation of enterprise data,defines the rights and interests of enterprise data,summarizes and studies the focus issue of unfair competition of enterprise data,compares and analyzes the legislative models,legal responsibilities and data protection systems in the regulation of unfair competition of enterprise data in foreign countries,and proposes to abandon the traditional rights protection model and adopt the behavioral regulation model to protect the data interests of relevant subjects.In combination with the China Anti-unfair Competition Law(Revised Draft for Comments)(hereinafter referred to as the "Revised Draft of Anti-unfair Competition Law")issued by China’s Market Supervision and Administration,the differences between China and foreign countries in system construction,judicial value and other aspects are discussed in depth,and the current situation and shortcomings of the regulation of enterprise data unfair competition behavior are pointed out,try to put forward suggestions to improve the legal mechanism of unfair competition in enterprise data.The first aspect is to optimize the judicial application concept of unfair competition of enterprise data.We need to weaken the concept of right-based protection,eliminate the premise of taking competition relationship as the identification of unfair competition in enterprise data,and build a dynamic balance protection mechanism for multiple interests.The second aspect is to clarify the identification rules of unfair competition in enterprise data.First,standardize the definition of business ethics and considerations;Second,improve the system of proof for infringement of rights and interests.The third aspect is to set up the damage identification and pre-prevention mechanism,establish the damage measurement standard,and improve the applicable standard of the pre-litigation injunction to minimize the losses caused by the unfair competition of enterprise data to the interests of all parties.The fourth aspect is to strengthen the supervision of unfair competition in enterprise data from three perspectives: clarifying the regulatory authority,strengthening the coordination mechanism of anti-unfair competition work,and establishing a long-term mechanism for punishing dishonesty.By putting forward specific regulatory suggestions from the above four aspects,we can standardize the fair competition activities of enterprise operators,thus establishing a healthy and orderly fair competition market,and escort the rapid development of the digital economy by applying scientific legal regulation model.