Implementation of the Law against Unfair Competition for Enterprise Data Protection
The primary intention of enterprise data protection is not solely to clarify data ownership,but also to promote data flow and utilization through such protection.However,due to the unique characteristics of enterprise data,the empowerment approach not only encounters theoretical dilemmas of property rights confirmation,but also is prone to lead to overlapping data rights,hindering the unleashing of data element potential,causing confusion in judicial practice and resulting in frequent legal disputes.The behavioral regulation approach is not fully recognized due to the lack of clear and targeted rules.The implementation of the Law against Unfair Competition for enterprise data,under the theoretical paradigm of"general provisions",is constrained by inadequacies in legislative rules and controversies in theoretical research,leading to inconsistent adjudication standards and thus passively contributing to the high incidence of unfair competition cases.In view of this,constructing a"special provision for network da-ta"to resolve the current judicial practice of diverse adjudication bases and the dilemma of resorting to general pro-visions can achieve a balance between enterprise data protection and data circulation and utilization.The specific design of the"special provision for network data"should clarify the scope of enterprise data,clearly define the limits of enterprise data protection,and categorize types of unfair competition involving data.By protecting the in-terests of enterprise data,it will not only help to avoid the tragedy of the anti-commons but also facilitate the full ex-ploration of data value.
enterprise datathe Law against Unfair Competitiongeneral provisionsspecial provision for network data
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