Study on the Identification of Unfair Competition in the Acquisition of Business Data

Abstract

In the era of the digital economy, competition among operators has expanded to include competition for business data, and Unfair competition cases have sprung up around the acquisition of business data by major internet operators. In current judicial practice, referees often cite existing provisions such as the “General provisions” and “Internet specific provisions” of the anti-unfair competition law to determine the illegality and legitimacy of commercial data Unfair competition. And in the determination of such acts, there are some problems, such as the conflict between “Rights and interests protection” and “Behavior legitimacy”, the definition of data rights and interests tends to protect the interests of operators, and the judgment of legality boundary of data acquisition behavior is fuzzy. Therefore, it is suggested to correct the way of identifying the commercial data acquisition behavior, return to the nature of competition, and establish the behavior regulation paradigm. Changing the division of data ownership, confirming the portability of personal data, expanding the reasonable limit of data portability while playing the function of public-private synergy. To refine the judgment standard of justifiability of behavior, it is necessary to establish the behavior paradigm of “Reasonable legal interest test”, and to explore the rules of fact identification and cognizance of Data Acquisition Technology, in order to achieve the existing rules under the commercial data acquisition pattern of behavior identification optimization.