In China, most legal disputes concerning unauthorized data scraping from online platforms are adjudicated under the framework of the Anti-Unfair Competition Law, particularly through the application of its general clause. In earlier judicial practice, courts interpreted this general clause in a manner that effectively granted platform data a level of protection akin to property rights. However, recent developments indicate a shift: fostering innovation has emerged as a key consideration in determining whether unauthorized data scraping constitutes unfair competition. This suggests that courts are beginning to balance platform data protection against the imperative of encouraging innovation. This study examines recent judicial practices in China concerning data scraping from online platforms, explicates the courts’ reasoning, and argues that although the incorporation of innovation into the legal balancing framework is a promising step, a narrowly construed understanding of innovation undermines the ability to genuinely achieve that goal.
Ziwei Cheng is an Associate Professor at the Law School, Shenzhen University. Her research focuses on anti-unfair competition law, with particular emphasis on data related issues and digital market regulation.
Moderation: Dr. Klaus Wiedemann