Abstract:The construction of data competition rules should be placed within the analytical framework of “Legal interests-Rights-Interests”. At present, the Anti-Unfair Competition Law is undergoing its third revision. In the context of the digital age, several data protection clauses, which are extracted and summarized from existing judicial practice rules, have been added to the law in this revision. The legal interests protected by this Law include a triple structure of competitor interests, consumer interests, and social public interests. To suppress unfair data competition, we should first recognize the data rights and interests of operators, and then judge whether the relevant behaviors of other operators affect their competitive advantages and interests. At the same time, consumer rights and social public interests should be considered to maintain a market order of fair competition. One of the highlights of the Bill to Revise the Anti-Unfair Competition Law (Exposure Draft) is its Article 18, a special provision setting out anti-competition rules for commercial data. However, in the process of revising the law, more consideration should still be given to the binary interaction between legislation and justice, in order to close legal loopholes and improve the rules.

Key Words: anti-unfair competition law; data; commercial data; data rights; competition interests

Author:Yao Jia, senior editor, CASS Institute of Law; Professor and doctoral supervisor, Law School of the University of CASS;

Source: 2(2024) Digital Law.