A Research On The Protection Of Enterprise Network Data By Competition Law

With the rapid development of the Internet,the protection of enterprise network data has also entered the public eye.The original purpose of competition law is to maintain market order and protect and restrict operators or competitors,which is in line with the needs of enterprise network data protection.In the Internet era,the use of competition law to protect corporate network data is of extraordinary significance.When understanding enterprise network data,it is necessary to combine the concept of data.Enterprise network data comes from data and constitutes an integral part of the data,and then it is classified and analyzed based on the different classification standards of processing degree or quantity.Enterprise network data has the characteristics of natural publicity,and has market attributes such as sharing and circulation control,as well as the legal attributes of "rights" or "rights".In recent years,my country’s competition law protection system for enterprise network data has become more and more perfect.In addition to relevant legislation,judicial interpretations have also been issued.However,my country’s current competition law system still has deficiencies in its application,and the protection of enterprise network data competition law has practical difficulties.,mainly in two aspects.On the one hand,it is the issue of the determination of unfair competition of enterprise network data,and on the other hand,it is the issue of compensation for damages in judicial trials.On the unfair competition of enterprise network data,there are four types of unfair competition in judicial practice in my country,namely,improper access,beyond the scope of reasonable use,manufacturing flawed data,and dissemination of false information.In the analysis of the case,we can clearly observe the characteristics of the main body,behavior and result of the unfair competition of enterprise network data.In addition,the standards for judging unfair competition of enterprise network data are also different,mainly including legality standards,rationality standards and damage result standards.When the determination of unfair competition in enterprise network data is completed,the subject of unfair competition needs to bear legal responsibility.In the damage compensation for unfair competition of enterprise network data,there are two types of statutory compensation and discretionary compensation.In judicial practice,the calculation methods for the amount of damage include the cost method,the income method and the market value reference method.In the determination of compensation,the plaintiff had difficulty in proving causation,intangible loss and subjective intention,which directly led to the difficulty in determining the damage results and damage compensation due to unfair competition of enterprise network data.In order to improve this situation,on the one hand,it is necessary to improve the identification path of enterprise network data unfair competition,abandon the premise of "competitive relationship" in the identification of enterprise network data unfair competition entities,and form an enterprise network data unfair competition with business ethics as the core.Recognition system,and the content of the "Internet Special Article" in the Anti-Unfair Competition Law was revised.On the other hand,it can improve the compensation mechanism for unfair competition of enterprise network data,introduce a punitive compensation mechanism,determine the evaluation method for damage compensation for unfair competition of enterprise network data,and share the excessive burden of proof borne by the plaintiff in the unfair competition of enterprise network data.