Dilemma and Way out of Legal Protection Mode of Commercial Data

In recent years, the legal disputes caused by commercial data have increased more and more. China has no special law on commercial data protection; judicial practice mainly uses the copyright law, trade secret, anti-unfair competition law, and other related laws to protect commercial data, but the use of these separate laws to protect commercial data also has its own shortcomings. The commercial data, as a compilation work, is inconsistent with the protection purpose of copyright. The cost of commercial data becoming a trade secret is huge, and the use of anti-unfair competition law to regulate commercial data gives judges too much discretion. Therefore, the practical demand calls on legislators to enact special legislation to give comprehensive protection to commercial data.