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Practical Dilemma and Cracking Path of the Free Flow of Commercial Data Circulation

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DOI: 10.23977/law.2024.030408 | Downloads: 5 | Views: 174

Author(s)

Chen Jun 1, Liu Yue 1

Affiliation(s)

1 Law School, Anhui University, Hefei, Anhui, 230601, China

Corresponding Author

Chen Jun

ABSTRACT

The value of data lies in circulation and the vitality of data also lies in circulation. However, China's legislation in the field of data has long been "Emphasizes Protection but Lights on Sharing ". The legal norms lack of systematic, independent, low-level and principle-based expression. As the legal norms to regulate data has natural limitations, the discriminatory determination of the data capture behavior in judicial practice has led to the difficulty of data sharing and releasing the value of the dividends. In view of this, it is important to draw on the useful experience of data regulation in the world, adhere to the principle of data sharing, improve and standardize the legal rules and informal norms of data circulation. Clarify the idea of regulating data scraping and introduce the theory of necessary facilities for data monopoly to promote the use and circulation of data.

KEYWORDS

Data circulation; data scraping; digital economy; Data silos

CITE THIS PAPER

Chen Jun, Liu Yue, Practical Dilemma and Cracking Path of the Free Flow of Commercial Data Circulation. Science of Law Journal (2024) Vol. 3: 59-67. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030408.

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