In the absence of clear legal empowerment for commercial data in China,the establishment of a specific provision for commercial data within the Anti-Unfair Competition Law has emerged as a promising path to enhance the predictability of data protection.Based on the inherent similarities between the nature of commercial data and trade secrets in the digital era,the construction of this provision on commercial data in the Anti-Unfair Competition Law adopts the quasi-trade secret protection approach.However,it is essential to distinguish between trade secrets and commercial data and to seek a balance between data protection and data sharing through the incorporation of exception rules.Within the framework of this provision,the rule on defining data is the foundation,the rules governing types of data unfair competition and exceptions to data unfair competition constitute the core and the safeguard,respectively.Unfair competition regarding data is typified by improper acquisition,breach of trust,"non-first-hand"diversion,and aiding and abetting infringement,with exceptions such as competition limitation and substantial improvement as defenses for legitimate data use.
关键词
商业数据/类商业秘密保护/反不正当竞争法/商业数据专条
Key words
commercial data/quasi-trade secret approach/anti-unfair competition law/special provision on commercial data
维普
万方数据