Research On The Legal Protection Of Enterprise Data From The Perspective Of Competition Law

With the vigorous development of the data industry,the commercial value of enterprise data is constantly improving,and there are more and more unfair competition cases that focus on enterprise data.The current legal system of our country is still a blank field of enterprise data rights and interests.This leads to the judge’s failure to respond to the operator’s request to confirm the rights and interests of enterprise data in judicial practice.Most of the academic discussion on enterprise data protection focuses on the field of private law.Is corporate data a benefit or a right?Scholars argue over the issue.However,data competition is intensifying.In order to protect their legitimate rights and interests,operators have to turn their eyes to the field of competition law,hoping to curb the data unfair competition behavior through public relief after they failed to seek remedy in the field of private law.In combination with the three cases of "Dianping vs.Baidu","Tencent vs.Sodao and Juketong" and "Alibaba vs.Mazhu Company",the Anti-Unfair Competition Law has many problems in regulating data competition.The property of enterprise data rights and interests is unclear,which directly affects the judgment of the plaintiff’s competitive interests.The boundary of data competition relationship is more and more broad,and its important status is in danger.The concept of "taking operator’s interests" as the core cannot scientifically and rationally evaluate the impropriety of competitive behavior.The lack of legal provisions in the Anti-Unfair Competition Law makes it impossible to find a direct categorization basis for unfair competition in the data,and judges can only choose to apply general provisions to evaluate the unfairness of competition behavior in judicial trials.Therefore,it is necessary and urgent to conduct legal regulation research on unfair competition behavior in enterprise data utilization.In order to deal with the existing problems in the field of data competition regulation in China,it is necessary not only to base on domestic practice,but also to deeply study the experience of protection outside China.The optimization of the regulation path of the competition law for enterprise data can follow tthese ideas: firstly,the nature and protection mode of enterprise data rights should be clarified through legislation,and the assumption of data management right and data property right should be put forward,so as to provide convenience for confirming that enterprises enjoy legitimate competitive interests.This is the basis of competitive behavior.Secondly,the paper introduces the interest measurement structure,and reshapes the identification idea of the illegitimacy of competitive behavior from the perspectives of the interests of consumers,operators and market order.Furthermore,the identification of competition relationship between operators is abandoned,and the identification of unfair competition behavior of data returns to the focus of the market behavior itself.It accords with the legislative purpose of anti-unfair competition law.Finally,the defects of legal provisions under the competition law model are remedied by adding provisions on the types of unfair competition behavior of data utilization and restricting the application of general provisions.