On Anti-Unfair Competition Law Regulation Of Data Scraping Behavior

With the advent of the era of big data,big data analysis has been applied to all aspects of people’s lives.Meanwhile,data has become the object of competition among various enterprises.As the data control party,each enterprise can realize precision marketing,improve user stickiness and realize profit by analyzing users’ usage records.The huge economic value contained in data leads to frequent disputes over data grabbing.Undeniably,the current data rights and interests need judicial protection to ensure data security and promote the orderly flow of data resources.However,because data rights have not developed into mature legal interests and the relevant boundaries are not completely clear,it is difficult to protect it as specific rights at present.The supplementary protection function of Anti-unfair competition Law makes it play an irreplaceable function in regulating illegal data capture behavior,which is of great significance for protecting the emerging digital groups and safeguarding the legitimate rights and interests of operators and the market order.But the cases of data grabbing also challenge the existing legal framework of anti-unfair competition law.The legal provisions are not perfect,the current judicial practice appears the illegality of the judgment basis is different,the judgment standard is fuzzy,the burden of proof is not reasonable,the stop-loss relief system is not perfect and so on,need to improve the relevant laws.In view of the above problems in the regulation of data grabbing by the anti-unfair competition law,the mechanism of regulating data grabbing by the anti-unfair competition Law is improved based on the experience of regulating data grabbing by countries outside the region.First of all,it is necessary to improve the relevant provisions in the Law of the People’s Republic of China Anti-Unfair Competition,form perfect regulation conditions for the data grabbing behavior,and solve the problem of different legal basis.Secondly,in the process of judging the illegality of behavior,the status of commercial ethics standards,subjective fault and substantive replacement criteria should be clarified.The judgment of commercial ethics should be cautious to ensure that the judgment is made under the legislative purpose of the law against unfair competition,so as to avoid the situation of the evaluation of morality.To unify the judgment and wording of subjective aspects in judicial practice;improve the burden of proof distribution system,according to the characteristics of Internet electronic evidence,appropriately reduce the burden of proof of the right holder,at the same time,establish rules for technical evidence investigation to assist judges to make accurate judgments,and ensure the fairness of litigation;Construction of defensive relief and litigation preservation double stop-loss mechanism to protect the legitimate interests of the right holder.The perfect anti-unfair competition law regulates data grabbing,which not only improves the business environment of digital market and lays the foundation for the healthy development of digital economy in the future,but also delimits the boundary of data connectivity in the Internet era while protecting the interests of network operators and data security.