Information and Communications Technology and Policy

Information and Communications Technology and Policy

Information and Communications Technology and Policy ›› 2022, Vol. 48 ›› Issue (6): 14-26.doi: 10.12267/j.issn.2096-5931.2022.06.003

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The path selection and rule construction of commercial data protection in the era of data elements

SU Zhifu   

  1. China University of Political Science and Law, Beijing 100091, China
  • Received:2022-05-15 Online:2022-06-15 Published:2022-06-29

Abstract:

In the era of data elements, the value and potential of commercial data are constantly stimulated. The contention of multiple subjects for data resources leads to the emergence of commercial data dispute cases. Then, how to choose the path of commercial data protection becomes an issue that is worth discussing. At present, the protection mode of anti-unfair competition law is more suitable for the needs of commercial data protection. On this basis, it can be regarded as a feasible choice to construct commercial data protection rules by summarizing the judgment rules of relevant cases and judicial guidelines.

Key words: commmercial data, rights and interests of data, data capturing, data use, unfair competition

CLC Number: