Big data are comprised of personal data,public data,platform companies'data,and business users'data.At present the academia has delivered fruitful research on the first three types of data.However,little has been touched upon business users'data,such a data type of highest number and highest value.From the factual perspective,neither can this type of data be allocated solely to business users,nor can it be commonly shared by business users and platform companies.From the legal perspective,neither can this type of data be covered by human dignity under personal data protection,nor can it be fully protected under competition law as platform companies'data.A comparatively reasonable approach is to regard it as the new earnings under the incomplete contracts between business users and platform companies.It is better to impose transparent obligations on platform companies,and entitle business users the right to initiate re-negotiation.
business usersentitlementincomplete contractstransparencyre-negotiation
万方数据
维普
