Study on the Legal Regulation of Unfair Competitive Behavior of Commercial Data

Abstract

Unfair competition in commercial data manifests itself in the form of data capture, data blocking, traffic hijacking, malicious interference, etc., and shows a trend of diversification and dynamization in the form of manifestation. In judicial practice, the applicable basis for adjudicating disputes over unfair competition of commercial data is mainly Article 2 (general provisions) or Article 12 (Internet-specific provisions) of the Anti-Unfair Competition Law. There is no lack of conflict between the abstract nature of the "general provisions" of the Anti-Unfair Competition Law and the certainty of specific cases, and at the same time, it also reveals the unclear boundaries between the provisions of the norms and the improper determination of "unfair competition relationship". For this reason, in order to strengthen the legal regulation of unfair competition in commercial data, the identification standard of unfair competition in commercial data should be clarified, and the application of the anti-unfair competition law should be regulated through the unification of the standard; the "competitive relationship" should be clarified as the premise of judicial application, and the protection of multiple interests should be emphasized in a dynamic balance; the scope of protection of interests should be coordinated among different legal departments, and a structure conducive to the protection of interests should be constructed. The scope of protection of interests between different legal departments should be coordinated, so as to build a diversified rule of law system conducive to guiding the reasonable utilization of commercial data.