The Dilemma and Optimization of Commercial Data Protection under the Anti-Unfair Competition Law

In this context of the growing importance of digital economy, business intelligence is becoming an increasingly valuable resource for companies, making its protection under the law ever more crucial. Present problems with the Anti-Unfair Competition Law are among erroneous judgments as to whether a given act is unfair or not if applied to the general provision, blurred lines between what is ethical and unethical business practices, challenges to define the extent of regulation under internet specific provisions and vague standards as to what is considered a trade secret. To improve the regulation of unfair competition over commercial data and protect corporate data rights, it is necessary to improve the protection of commercial data under competition laws by clarifying the scope of general provisions, clarifying some of the language in the online related provisions and the requirements that must be met to prove a misappropriation of a trade secret, which would help clarify how companies can secure their confidential information.