Download pdf
Exploring the Legal Protection Path of Commercial Data
- 1 School of Business Administrationt, Shandong University of Finance and Economics, Jinan City, China
* Author to whom correspondence should be addressed.
Abstract
With the rapid development of digital economy, commercial data has become the core element of enterprise competition, but its legal protection path has not yet formed a unified system.An in-depth exploration of the definition and characteristics of commercial data, analyzing the differences between it and public and corporate data, and highlighting the unique attributes of commercial data in terms of aggregation, value and dynamism are the basis for understanding its legal protection.On this basis, the existing legal protection paths are systematically sorted out, covering the paradigm of empowering legislation, anti-unfair competition law and intellectual property protection, etc. However, these paths still face many limitations in practical application, such as the tendency of pan-interventionism, the difficulty of identifying competitive relationships and the ambiguity of business ethics standards.The existence of these problems highlights the need to optimize the path of legal protection of commercial data, for which it is proposed to build a multi-level, synergistic and comprehensive protection system, optimize the application of the anti-unfair competition law, and create a dual security protection system for secret and public data through legislation. At the same time, the proposal to construct a special article on commercial data can better promote data sharing and the development of artificial intelligence.
Keywords
business data, anti-unfair competition law, business ethics, intellectual property law, digital jurisprudence
[1]. Liu Ying, Gao Zheng. Legislative protection of commercial data under the conceptual dichotomy of data and information[J]. Science, Technology and Law (in English and Chinese), 2022,(04):1-9+82. DOI:10.19685/j.cnki.cn11-2922/n.2022.04.001.
[2]. Qiu Fu'en. Construction of Rules for the Protection of Commercial Data against Unfair Competition[J]. Intellectual Property Rights,2023,(03):77-100.
[3]. Zhong Xiaowen. Theoretical Logic and Practical Architecture of Enterprise Data Titling [J]. Credit Collection, 2022(11):23-31.
[4]. Shi Xinyuan. A Methodological Review of the Adjustment of Commercial Data Anti-Unfair Competition Law[J]. Nankai Journal (Philosophy and Social Science Edition),2024,(01):51-66.
[5]. LIU Zhihong. Commercial data competition law protection: coupling relationship, realistic challenges and optimization scheme[J]. China Circulation Economy,2022,36(12):114-123.DOI:10.14089/j.cnki.cn11-3664/f.2022.12.010.
[6]. HU Li. On the Protection Mode and Right Setting of Data Property[J]. Journal of Northeast Normal University (Philosophy and Social Science Edition),2024,(04):156-164.DOI:10.16164/j.cnki.22-1062/c.2024.04.017.
[7]. Wu, Gui-De. Private Law Protection of Commercial Data and Path Selection[J]. Comparative Law Research,2023,(04):185-200.
[8]. Zhejiang Provincial Higher People's Court (2019) Zhemin Shen 1209 Civil Judgment.
[9]. Civil Judgment (2021) Zhe 0110 Min Chu No. 2914 by the People's Court of Yuhang District, Hangzhou City, Zhejiang Province.
[10]. Li Yang,Su Yi. Rethinking and Solving the Commercial Data Protection Model[J]. Guangdong Social Science,2023,(04):255-266.
[11]. Kong Xiangjun. Practical Reflection and Legislative Prospect of Commercial Data Protection: Conceptualization of Protection Path Based on Property Attributes of Data and Information[J]. Comparative Law Research, 2024,(03):72-92.
[12]. Refer to Civil Judgment (2023) Jing 0102 Min Chu No. 7890 by the People's Court of Xicheng District, Beijing Municipality.
Cite this article
Liu,X. (2025). Exploring the Legal Protection Path of Commercial Data. Lecture Notes in Education Psychology and Public Media,88,17-25.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on Global Politics and Socio-Humanities
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).