China’s Anti-Unfair Competition Law on Data Crawling

DOI

10.2991/aebmr.k.220603.067How to use a DOI?

Keywords

data collection; legal regulation; judgment standard

Abstract

Data economy is an important development feature of the 21st century. Data has become an important competitive resource among enterprises. However, China’s legal system does not properly manage data, and emerging competitive resources. Data capture competition law regulation is one of them. In judicial practice, courts generally rely on Article 2 of the Anti-Unfair Competition Law and other competition law provisions that meet the characteristics of individual cases to regulate data grabbing. However, China still lacks criteria for judging the legitimacy of data scraping. To better regulate, the judgment principle of “protecting the long-term interests of consumers” should be established. Through analysis, the final criterion for judging the unfairness of the judgment has two components. First, to distinguish whether the captured data is open or not and whether the data that is crawled is disclosed, it is generally judged to be legitimate. In the case of crawling non-public data, distinguish between search engine bot crawling and non-search engine bot crawling. Search engine robots crawl non-public data, and non-search engine robots disclose the data they have crawled, which is generally considered to be improper. For non-search engine robots, if their subsequent use constitutes a substantial substitute for the original operator’s services, it should be judged that the crawling behavior is improper. In the case of non-search engine robots that do not disclose the data they have crawled, other crawling behaviors other than “substantial substitution” are generally considered legitimate. Second, if the captured party invests a lot of money in the process of collecting and processing data, the grabbing party should give the captured party economic compensation. Finally, the three-tier classification system of fair use, statutory licensing, and prohibited use should be drawn on intellectual property law, and the judge’s rules should be incorporated into the Internet provisions of competition law.

Copyright

© 2022 The Authors. Published by Atlantis Press International B.V.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Xinpeng Liu
PY  - 2022
DA  - 2022/07/01
TI  - China’s Anti-Unfair Competition Law on Data Crawling
BT  - Proceedings of the 2022 2nd International Conference on Enterprise Management and Economic Development (ICEMED 2022)
PB  - Atlantis Press
SP  - 406
EP  - 413
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.220603.067
DO  - 10.2991/aebmr.k.220603.067
ID  - Liu2022
ER  -