乙APP

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过度收集个人信息,侵权!合理使用企业数据,鼓励!
Xin Hua Wang· 2025-09-10 23:59
Core Viewpoint - The Supreme People's Court has released its first specialized guiding cases on data rights protection, addressing societal concerns regarding data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][8]. Group 1: Data Rights and Legal Cases - The number of data-related cases in courts has significantly increased, with the number of first-instance cases in 2024 being double that of 2021 [1]. - The guiding cases aim to unify the adjudication standards for similar cases, reflecting the complexity and legal challenges associated with data-related disputes [1][8]. Group 2: Personal Information Protection - A case involving an APP operator was highlighted, where the operator was found to have excessively collected personal information without consent, leading to a ruling in favor of the plaintiff [2]. - The court ruled that the APP's requirement for users to provide extensive personal information without an option to skip or refuse constituted an infringement of personal information rights [2]. Group 3: Data Utilization and Business Competition - The court confirmed that data processing entities have the right to utilize data they lawfully collect, as long as it does not infringe on the rights of other businesses [8]. - A case of unfair competition was noted, where one APP operator was found to have copied a significant number of short videos from another operator, leading to a ruling against the infringing party [6]. Group 4: Regulatory Framework and Future Implications - The guiding cases are part of the implementation of the "Data Twenty Articles," which aim to establish a foundational system for data rights and promote the lawful and effective use of data [8]. - The Supreme Court emphasized the importance of protecting data processors' rights to ensure the free flow of data and support the healthy development of the digital economy [9].
首次!最高法发布数据权益保护专题指导性案例
Yang Zi Wan Bao Wang· 2025-08-28 14:40
Core Points - The Supreme People's Court of China released its first batch of guiding cases focused on data rights protection, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][3] - A notable case involved a technology company suing a cultural media company for unfair competition due to unauthorized data scraping from its app, resulting in a court ruling that ordered the cultural company to pay 5 million RMB in damages [2] - The guiding cases highlight the increasing number of data-related legal disputes, with the number of such cases doubling from 2021 to 2024, indicating a growing trend in data rights litigation [4] Group 1 - The Supreme People's Court's release of guiding cases marks a significant step in addressing data rights and related legal issues in the digital economy [1][3] - The case of data scraping illustrates the legal complexities surrounding data ownership and the implications for app operators in terms of competition and intellectual property rights [2] - The recent amendments to the Anti-Unfair Competition Law, effective from October 15, 2025, will further clarify the legal framework for data rights and unfair competition [3] Group 2 - The rise in data-related legal disputes reflects the broader trend of increased competition among online platforms, leading to more conflicts over data ownership and profit distribution [4] - The court's recognition of user rights in personal information collection emphasizes the importance of consent and transparency in data practices [3][4] - The growing number of cases indicates a need for companies to be more vigilant in their data handling practices to avoid legal repercussions [4]
企业爬取5万多条短视频传播,构成不正当竞争被判赔500万
Nan Fang Du Shi Bao· 2025-08-28 08:17
Core Viewpoint - A cultural company was sued for unfair competition due to the unauthorized scraping and use of over 50,000 short videos and user data from a technology company's app, resulting in a court ruling that the cultural company must compensate the technology company 5 million yuan [1][3]. Group 1: Case Background - The technology company operates an app (甲APP) and the cultural company operates another app (乙APP). Between November 2018 and May 2019, 50,392 short videos on the乙APP were found to be identical to those on the甲APP, including proprietary codes [2]. - The case involved 19,079 user nicknames and avatars, with 15,924 being identical to those on the甲APP. Additionally, 127 comments were found to be the same in content, order, and punctuation [2]. - The technology company claimed that the cultural company engaged in unfair competition by directly scraping and displaying data from甲APP without permission, seeking 40 million yuan in damages [2]. Group 2: Court Rulings - The Beijing Haidian District Court ruled on December 31, 2020, ordering the cultural company to publish a statement to eliminate the impact of its actions and to pay 5 million yuan in damages to the technology company [3]. - The Beijing Intellectual Property Court upheld this ruling on March 16, 2023, dismissing the cultural company's appeal [3]. Group 3: Legal Interpretation - The Haidian Court identified two main issues: the rights of the technology company over the aggregated data and whether the cultural company's actions constituted unfair competition [4]. - The court concluded that the technology company holds economic interests in the aggregated data, which includes user-uploaded content and associated user information, despite not being the original creators of the short videos [4][5]. - The cultural company's actions of scraping and using the data without permission were deemed to substantially replace the technology company's products and services, thus constituting unfair competition [6].
最高法首次发布数据权益司法保护专题指导性案例
Zhong Guo Xin Wen Wang· 2025-08-28 07:18
Core Viewpoint - The Supreme People's Court has released its first set of guiding cases focused on the judicial protection of data rights, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][2][3]. Group 1: Judicial Protection of Data Rights - The release of the 47th batch of guiding cases marks a significant step in the judicial protection of data rights, responding to societal concerns regarding data ownership and personal information protection [1][2]. - The guiding cases aim to unify the standards for adjudicating similar cases, thereby enhancing the legal framework surrounding data rights [3][5]. Group 2: Growth of Data-Related Cases - The number of data-related cases has significantly increased, with the number of first-instance cases in 2024 being double that of 2021, indicating a growing recognition of data rights in the legal system [3]. - Courts are applying relevant laws such as the Civil Code and the Personal Information Protection Law to effectively handle disputes involving personality rights and property rights related to data [3][5]. Group 3: Specific Guiding Cases - The six guiding cases cover various areas including unfair competition, tort liability, personal information protection, and enforcement [4]. - Case 262 involves a dispute over unfair competition due to data scraping from an online platform, affirming that platform operators can seek legal protection when their business interests are harmed [4][8]. - Case 263 clarifies that providing associated account services with user authorization does not constitute unfair competition if it does not disrupt market order [4][17]. - Case 264 establishes that data processors who collect and process enterprise data without causing harm to the enterprise's rights are not liable for tort [4][25]. - Case 265 addresses the excessive collection of personal information by an app operator, ruling that such actions can infringe on user rights if not necessary for service provision [4][36]. - Case 266 confirms that collecting personal information for credit services under a "pay later" model is necessary for fulfilling contractual obligations [4][46]. Group 4: Future Directions - The Supreme People's Court plans to strengthen the adjudication of data-related cases and further unify judicial standards to promote the compliant and efficient circulation of data, thereby enhancing the value of data elements in the digital economy [5].