Abstract: The case of unfair competition between Ant Financial and Qichacha, is the first judicial case caused by improper commercial use of government data in China. The judgment made by the court to maintain the credibility of government data and affirm the rights of the original data subject, reflects the general cognition of the society to data governance. The commercial subject has the right to use open data, but the exercise of the right has boundaries. Improper use of government data will damage the rights of the original data subject, the credibility of the government,the interests of consumers and the image of the data industry. When market entities make use of government data, they need to perform certain duty of care, including obtaining data in a legal way, ensuring the credibility and security of data, and legally processing data.

Key words: government data, commercial use of government datadata, open, data quality