The Dilemma of Commercial Data Protection from the Perspective of Anti-Unfair Competition Law and the Improvement of the Way Forward

With the current rapid development of big data technology, the importance of data has become increasingly prominent. However, commercial data, as the core resource of the data factor market, faces protection difficulties in the process of frequent flow, access and use. Based on the protection mode of the Anti-Unfair Competition Law, this article firstly analyzes the problems of the protection of general provisions, Internet special provisions and trade secret provisions under this mode in judicial practice. Firstly, it analyzes the problems that exist in the judicial practice of the protection of general provisions, Internet special provisions and trade secret provisions under this model, namely, the uncertainty of the identification of competitive behaviors and the evaluation of business ethics, the limitations of the content of the provisions and the judicial practice, and the tendency to fall into the protection of private interests and excessive interference in the competitive order. Then, while reflecting on the specific practice in China, this article draws on the experience of Japan and the United States in the protection of commercial data. Finally, the three principles of proportionality, limitation and modesty are proposed to improve the problems of the above provisions, with a view to improving the protection of commercial data by identifying unfair competition, clarifying the target of regulation, and optimizing the path of legal regulation, so as to promote the benign circulation and utilization of data, and thus promote the prosperity of China's market economy.