Anti-unfair Competition Law of Data Capture Behavior Regulation

Purpose/Significance In the era of digital economy, data capture behaviors emerge one after another. Some enterprises take this opportunity to capture others’ data resources, which may infringe the rights and interests of other enterprises as well as endanger the development of the internet industry. Regulating data capture behavior is of significant importance to restore internet order. Design/Methodology Through case analysis, this paper summarizes the identification method of data capture behaviors that can apply to the business secret clauses and general clauses. In view of the problem that some data is not considered as a business secret, and the general clause lacks operation, this paper puts forward corresponding solutions about the legal application and administrative supervision. Findings/Conclusions (1) Firstly, the court must try to use the business secret clause to regulate the data capture behavior. (2) If the data involved is not recognized as a business secret, but there is subsequent application of the data, Internet Clause, Article 12 of the Anti-unfair Competition Law is applied. (3) If none of the above methods are applicable, the general clause is the final solution. (4) At the same time, it is important to strengthen the role of anti-unfair competition law enforcement institutions by clarifying the regulatory responsibility, innovating regulatory methods and improving law enforcement capability.