Research On The Anti-unfair Competition Regulation And System Of Enterprise Data Crawling Behavior

With the rapid development of the digital economy market,data information has become an important production factor resource for enterprises to compete for dominance in the digital economy market.More and more digital economy enterprises use web crawling technology to use data crawled from other enterprises without permission to enhance their competitive advantage and seek business benefits.However,how to regulate such acts of unfair competition in the current practice of judicial regulations poses considerable challenges to the academic and practical circles.At present,China has not formulated relevant specific legal provisions to regulate the data crawling behavior of enterprises.At present,in the practice of judicial regulations,there are three main regulatory paths for enterprise data protection: intellectual property regulations,civil laws and regulations,and anti-unfair competition regulations.Taking into account the legislative basis and the current practice of judicial regulations,this paper finds that the regulatory methods of intellectual property law and civil law are insufficient to cover the full scope of rights currently involved in enterprise data protection.Therefore,in the face of the explosive growth of data information and the intricacies of competition between enterprises,the application of the Anti-Unfair Competition Law to regulate data crawling between enterprises has increasingly highlighted its irreplaceable practical rationality and feasibility.In China’s current legal system,the Anti-Unfair Competition Law not only plays a necessary supplementary function for other legal departments,but also plays a role in institutional coordination.In addition,it also plays a role in maintaining the market order of free and fair competition and balancing the interests of competitors,consumer groups and social public interests.In particular,in the face of the current volatile data economy market competition situation,the flexible legislative model of the Anti-Unfair Competition Law can make up for the shortcomings of the existing legal framework and its limited applicability.However,the application of the Anti-Unfair Competition Law to regulate data scraping between enterprises still has its own limitations.Although the Anti-Unfair Competition Law adds a special Internet article to deal with the current typical online unfair competition behaviors in order to meet the practical needs of the development of the digital economy market,the Internet special article does not explicitly cover the data crawling behavior of unfair enterprises,and it also faces this regulatory obstacle in the application of the catch-all provisions of the Internet special article.In judicial practice,judges can only make judicial decisions on a regular basis in accordance with the general provisions of article 2 of the law.However,since enterprise data scraping is not an act of unfair competition expressly prohibited by the Anti-Unfair Competition Law,there are still many limitations to using general provisions as the regulatory basis for such competition cases.Therefore,it is necessary to combine the existing theoretical research and judicial practice cases to summarize the reasoning process of courts on such competition cases,and put forward suggestions for legislative and practical optimization.First,in order to deal with the improper crawling of enterprise data,the current feasible legal regulation suggestions are put forward,including adding specific enumerated clauses for such competitive behaviors,and clarifying the coordination between the applicable provisions.At the same time,it is necessary to improve relevant judicial interpretations,especially the interpretation of the principle provisions of Article 2 of the Anti-Unfair Competition Law,so as to avoid the dilemma of judges abusing their discretion and different judgment standards when applying general provisions.Secondly,the specific identification standards for competition relationships and competitive behaviors are summarized in enterprise data crawling cases.Specifically,the determination of competition relationship and the legitimacy of competitive behavior cannot be based on traditional standards,but need to be comprehensively considered and judged under the balance of the interests of all parties in the current digital economy market,combined with industry business ethics,enterprise business scope,industry rules and other factors.