Current Dilemmas and Paths to Cracking the Business Data Protection Pathway

Driven by cloud computing, big data and other technologies, commercial data with scale, value and intangibility are facing security risks, and the existing protection path has limited effect due to ambiguous standards and difficulties in proof, so it is necessary to build a systematic protection mechanism to protect the rights and interests of data and promote international cooperation. China's Anti-Unfair Competition Law relies on Article 2 and Article 12 for the protection of commercial data, but there are problems such as vague concepts and conflicting laws in Article 2 that lead to inconsistent adjudication standards, and problems such as unclear definitions and imbalanced burdens of proof in Article 12, which urgently need to be refined in order to build a systematic protection mechanism that is suitable for the digital era. The protection of commercial data in China is mainly protected by contract law, intellectual property law and anti-unfair competition law, but it faces the problems of difficulty in proof, ambiguous definition of technical means and restriction of the elements of competitive relationship, and it is necessary to improve the relevant rules in combination with the characteristics of commercial data. With regard to the many dilemmas faced by China's commercial data protection, it is necessary to build a systematic protection mechanism and simultaneously improve the application of the law to effectively deal with them.