中圖分類號：D922.294
文獻(xiàn)標(biāo)識碼：A
DOI:10.19358/j.issn.2097-1788.2023.10.009
引用格式：聶童.數(shù)據(jù)抓取行為競爭法規(guī)制中的利益衡量研究［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2023，42（10）：55-59.

Research on interest measurement in competition law regulation of data capture behavior

Abstract： Data is the core element in the formation of the digital market competition pattern, but data capture as an important means of obtaining data elements is controversial. Today, with the vigorous development of the digital economy, the ancient interpretation method of interest measurement is still highly responsive to competition law regulations on data capture behaviors. From the perspective of interest measurement, we use the multiple interest dimensions of platform operators′ interests, consumer interests and social public interests to determine the essence of the conflict of interest and the nature of the interests of the parties. Benefit measurement determines the boundaries of competition law regulations for data capture behavior, and also provides value order considerations for the construction of data element market. It also implies the direction of solving the complex problem of data capture behavior, that is, building a unified data element market.

Key words : data capture; interest measurement; conflict of interest; regulatory approach; element market