Cases involving unfair competition in data occur frequently.In the past,the courts used to refer to the general provisions of the Anti-Unfair Com petition Law and the Internet Special Provisions when facing such cases.This highlights the deficiencies of the current legal system in terms of lack of typology.In the fu-ture,data provisions may be introduced to regulate such cases.Data types can be divided into closed data,un-conditionally disclosed data and conditionally disclosed data.The former is regulated by trade secret provisions,and the latter two belong to the category of data provisions.In terms of behavior types,it consists of three parts:Improper crawling of data,improper use and disclosure of data,and improper obstruction of data opera-tion.Improper data shielding should be regulated by the Anti-monopoly Law rather than being subject to the Anti-Unfair Com petition Law.
关键词
数据/反不正当竞争法/一般条款/互联网专条/商业秘密
Key words
Data/Anti-Unfair Competition Law/General Provisions/Internet Specific Provisions/Trade secret
维普
万方数据