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Competition Law Path Advantage for Enterprise Data Protection

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DOI: 10.23977/law.2025.040411 | Downloads: 8 | Views: 204

Author(s)

Tianlu Jia 1

Affiliation(s)

1 School of Law, Guilin University of Electronic Technology, Guilin, 541000, Guangxi Zhuang Autonomous Region, China

Corresponding Author

Tianlu Jia

ABSTRACT

Against the background of the ever-expanding value of data, the protection of data has also attracted constant attention, and the path of protection of enterprise data and the rules of adjudication of such behavior in judicial practice have not fully formed a universal paradigm. In this case, what kind of ways should be adopted to regulate the improper acquisition and use of enterprise data, and to promote the circulation of data while protecting the rights and interests of data has become a hot issue in academic and judicial practice. In this regard, this paper finds the advantages of applying the anti-unfair competition law to protect enterprise data from the relevant cases of unfair competition disputes, hoping to provide useful suggestions for effectively safeguarding the rights and interests of data and facilitating the development of the digital economy.

KEYWORDS

Enterprise data; anti-unfair competition law; enterprise dataprotection; unfair competition behavior

CITE THIS PAPER

Tianlu Jia. Competition Law Path Advantage for Enterprise Data Protection. Science of Law Journal (2025) Vol. 4: 68-73. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040411.

REFERENCES

[1] Mei, Xiaying. Between sharing and control The private law limitations and public order construction of data protection [J]. Chinese and foreign law, 2019, 31(04):855.
[2] Zhang Jianwen, Liu Xiaotian. The Governance Path of Corporate Data Disputes in the Era of Digital Economy--Centering on the Anti-Unfair Competition Law [J]. Journal of Northwestern Polytechnical University (Social Science Edition), 2023,(01):106.
[3] Song Ziwen. Research on the protection of enterprise data against unfair competition law[D]. Harbin University of Commerce, 2024.
[4] See (2017) Beijing 0108 Criminal Investigation No. 2384, which is in force.
[5] Case No. (2019) Zhejiang 0111 Civil 6971, Case No. (2020) Zhejiang 01 Civil 10940, the case was remanded for a new trial on appeal and the judgment was revised.
[6] Long Weiqiu. Revisiting the path of property rights for enterprise data protection[J]. Oriental Law, 2018, (03):50-63.
[7] Wu Changhai, ed., Data Jurisprudence, Law Press, Beijing, 1st edition, February 2022, p. 189.
[8] See Article 9 of the Anti-Monopoly Law of the People's Republic of China for details.
[9] See Article 22 of the Anti-Monopoly Law of the People's Republic of China for details.
[10] Case No. (2016) Jing 0108 Min Chu 27234, (2019) Jing 73 Min Zhong 1270, the case was remanded for a new trial on appeal and the judgment was revised.

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