Mandatory Business-to-Business Data Sharing:Theory,Challenges and Implementation Paths
Data is recognized as a critical production factor and material in the era of digital economy.The maximi-zation of data value relies significantly on its sharing and circulation.In a market economy,the sharing of corporate data should,in principle,be based on the voluntary consent of the enterprises involved,which aligns with the pro-tection of the civil rights of private parties and the principle of contractual freedom.However,exceptions to this principle have emerged,particularly in some international legislative practices where mandatory business-to-business(B2B)data sharing has been instituted.This form of data sharing obligates data-holding businesses,under legal provisions,to provide or allow access to relevant data when requested by other enterprises.Essentially,man-datory B2B data sharing conflicts with the spirit and ideology of contractual freedom.In a market economy,manda-ting businesses to share data represents a constraint and intervention on the autonomy of business data sharing,ne-cessitating sufficiently robust and legitimate justifications.Given this,this paper seeks to examine the theoretical basis of mandatory B2B data sharing,analyze the objective needs and challenges of implementing mandatory B2B data sharing in China,and propose potential paths for its realization in China to respond to the evolving demands of the digital economy.The paper argues that data sharing is essential for preventing and addressing corporate data mo-nopoly.However,businesses are often reluctant to share data autonomously in order to maintain their market com-petitive advantages and protect data security and personal privacy,leading to de facto exclusive data possession.In addition,legal provisions may also grant businesses exclusive control over their data.In this case,only by introdu-cing a mandatory data-sharing system and requiring businesses with data advantages to open up necessary data re-sources can other businesses obtain the relevant data needed to enter the market and prevent businesses with data advantages from forming data monopoly through various exclusive possessions.In cases where data held by dominant businesses are necessary for other businesses to enter the relevant market and participate in competition,the refusal of businesses to trade data may lead to data monopoly,thereby restricting competition.In such scenarios,according to the theory of market failure and state intervention in economics,it is necessary to use state power to mandate bus-inesses to share data.This paper argues that mandatory data sharing is an exception and essential supplement to da-ta sharing freedom,which is crucial for preventing and stopping monopoly and maintaining market competitiveness.China's digital economy practice shows that some industries have highly concentrated market structures,and some large platform companies have demonstrated monopolistic tendencies,which are not conducive to the circulation and sharing of data and hinder the establishment of a unified data market.From the legal system's perspective,China's current competition law system is insufficient to fully address monopoly issues in the digital economy.Therefore,to better prevent and address data monopoly risks and issues in the digital economy and maintain market competition,China must implement mandatory B2B data sharing in specific scenarios.This paper identifies several challenges in implementing mandatory B2B data sharing in China,such as lack of legal provisions,insufficient interoperability,and data security risks.To overcome these challenges,China should draw on international experiences and establish a comprehensive legal framework for mandatory B2B data sharing in the future.This framework should clarify the scenarios and conditions for mandatory B2B data sharing,define the scope and use of shared data,improve reme-dies for businesses that are refused to access data,establish a regulatory mechanism,and enhance data interopera-bility and security.
mandatory B2B data sharingB2B data sharingdata access rightsdata monopolydata law
万方数据
维普
