Beijing Internet Court's First Data Case: Improper Acquisition and Use of Platform User Data Constitutes Unfair Competition
This case is the first decided by the Beijing Internet Court under the new data-specific provisions of the current Anti-Unfair Competition Law.
WISECODE Take
This news reveals that user data, accumulated by platforms through significant investment, is no longer public information freely available for use, but a legally protected digital asset. Many business owners may mistakenly believe that publicly available data can be freely scraped and utilized. From a military strategy perspective, platform user data is like a "strategic intelligence high ground" in the digital age. In this case heard by the Beijing Internet Court, defendant Wang improperly acquired career data from a well-known professional social platform using a crawler program, which was a direct attack on the plaintiff tech company's competitive advantage. For businesses, your "legally held data," such as customer lists, collected and organized with significant investment, is no longer ownerless. This case's award of over RMB 200,000 indicates that mainland China's Anti-Unfair Competition Law recognizes digital assets, deeming unauthorized data scraping for profit as unfair competition. First, businesses should audit and clearly define the scope and value of their "legally held data," implementing dual protection through service terms and technical measures. Second, they should establish internal data usage policies, remain vigilant against external scraping, and immediately collect evidence and evaluate legal action upon discovering anomalies. In the digital battlefield, data is a company's lifeline; safeguarding data is safeguarding its future. Zhidian's trade secret management system establishment service can help you build data defenses.
Original sources
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