Research On Legal Regulations Of Data Unfair Competition

In the context of the digital economy,data competition has increasingly become the focus of competition in the Internet sector.Competition between enterprises regarding the improper acquisition and use of data is commonplace.Through an empirical study of typical cases of data unfair competition,two forms of its manifestation,namely improper access to data and improper use of data,are summarised and specifically analysed in the light of the different reviews of the two types of behaviour in judicial practice.The paths of court adjudication in data unfair competition cases are sorted out,and the current status of the regulation of data unfair competition is summarised.The current judicial practice adopts a static path of rights protection regulation for data competition disputes,starting from the enjoyment of data rights and interests and taking whether the operator’s rights and interests are damaged as the key factor in determining the justification of the conduct,coupled with the problem of imperfect application of the law brought about by the lack of data-related legislation.In the digital economy,business operations and competition have become very different compared to traditional areas,and the special attributes of data make it difficult to follow traditional adjudication ideas,identification standards and legal bases.In view of the three problems that exist in the regulation of data unfair competition in China,namely,the bias of adjudicative thinking,the lack of uniform standards for the determination of acts and the insufficient judicial remedies,several suggestions for regulation are put forward: firstly,the traditional regulatory path of taking the determination of competitive relationship as a pre-condition and the infringement damage model of rights protection as the adjudicative thinking needs to be urgently changed;secondly,in the face of the unfair competition acts for which the applicable standards have not been clearly defined,it is advisable to combine the traditional principles of competition order,other legal basis and the legal basis with the traditional principles of competition.Secondly,in the case of unfair competition,it is necessary to combine the multiple interests of the competition order,the rights and interests of other operators and the rights and interests of consumers,in order to find a standard that is in line with China’s national conditions;finally,it is necessary to improve the laws and regulations related to data competition and improve the legal regulation of unfair data competition,so that the judiciary can better deal with the balance of rights and interests between the maintenance of the data market order and the circulation of data when regulating unfair data competition.