The Chinese National Data Administration has adopted a contractual priority position in recent data property documents,while judicial practice protects corporate data through tort law and its closely related anti-unfair competition laws.The contract law and tort law protection of enterprise data have unique advantages.Their flexibility characteristics are more in line with the non-standardi-zation of data and the individual nature of rights boundaries.Data contracts do not erode the intellec-tual property rights system,and their fairness should not be corrected through excessive empowerment of data subjects.Data transactions need not be realized through absolute exclusive property rights.Data infringement should be based on intellectual property rights as the baseline,with reducing in-centives for collecting and sharing data as the damage standard,and distinguishing between infringe-ment law and anti-unfair competition law based on whether they have externalities.In the context of the Cyberspace,clickwrap contracts should be regarded as contracts while shrinkwrap contracts and robot protocols should not be regarded as contracts.The legality of web crawling should consider fac-tors such as the nature,quantity,crawling method,and data utilization of the crawled data.The study of enterprise data protection needs to adopt an interdisciplinary approach of different areas of law and a legal theory perspective.
Data ContractData InfringementData Property RightsUser AgreementWeb Crawl
NETL
NSTL
万方数据
