Determination of the Legitimacy of The Source of Commercial Data in The Anti-Unfair Competition Law

Abstract

In the Anti-Unfair Competition Law (Draft for Public Comments) 2022, the special article on commercial data clarifies the basic connotation and scope of protection of commercial data in terms of forward definition and reverse division. It not only requires that it has a legitimate source, economic value, and corresponding technical management measures, but also limits the scope of data and information that do not fall within the scope of data and information that can be utilized by the public without compensation. The principle of triple authorization is used for user authorization in disputes over unfair competition of commercial data, but the principle has the problems of ambiguity of the applicable object and limitation of the applicable scope. Most of the commercial data comes from the authorization of users, so the review of user authorization is an important way to grasp the legal source of commercial data. At the same time, the controller of commercial data can, if necessary, prove to the court the legitimacy and reasonableness of the source of the data on the basis of legitimate means of access other than user authorization.