since its establishment 6 years ago, it has continuously expanded the breadth and depth of internet judicial services - guangzhou internet court: using the rule of law on the internet to protect the stability and long-term development of the digital economy
2024-09-27
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text/pictures dong liu tan jingyi
released the country's first normative documents for online court hearings, innovated the construction of the "maple bridge e station" dispute resolution site, and actively opened up alternative dispute resolution communication and cooperation channels in the field of intellectual property...
in the six years since its establishment, the guangzhou internet court has accepted a total of 244,000 cases and concluded 238,000 cases. more than 150 cases have been selected as national and provincial typical cases. it has been rated as "national excellent court" and has been listed as a "demonstration of doing practical things for the masses". court". from judicial technology innovation to the reshaping of the trial mechanism, from the guidance of substantive rules to comprehensive network management, the guangzhou internet court has given full play to the role of the internet judicial "test field", made good progress in comprehensively deepening the reform with an innovative spirit, and protected the digital world with the rule of internet law. the economy is stable and far-reaching.
explore data rights rules to respond to the needs of the digital age
"judge, our platform's commodity, transaction, logistics and other data information are core competitive advantages and resources and cannot be copied at will!" an e-commerce platform discovered that a technology company provided "one-click moving and distribution of goods" to its competitor e-commerce platform. "service, and then filed a lawsuit with the guangzhou internet court.
this is a case heard by the guangzhou internet court’s professional collegiate panel on data disputes. “the product data on the plaintiff’s platform is not only the result of the hard work of countless merchants, but also carries intellectual property rights, goodwill and other rights and interests. a technology company used web crawler technology to carry out data processing activities, disrupting the order of the online retail market and damaging other operations. "the collegial panel finally determined that the behavior of a technology company constituted unfair competition, and finally ordered it to compensate an e-commerce platform for 500,000 yuan.
as early as 2021, the guangzhou internet court established a professional collegial panel for data disputes. in the case of "theft of game power-up props", the guangzhou internet court passed a judgment that clarified the method of determining the value of online virtual property and filled the judicial gap in the pricing of data assets; in the case of "misappropriation of other people's product evaluations", it was determined that user evaluations data has competitive rights and interests; in the "5g cloud game data unfair competition case", the relationship between rights protection and data circulation was effectively balanced.
so far, the court’s professional collegiate panel on data disputes has properly handled more than a thousand data-related disputes involving virtual property, personal information protection, data pricing, etc., and continues to provide powerful data judicial protection to the society.
in order to better explore the adjudication rules in the field of digital rule of law, the guangzhou internet court published the "internet case judgment ideas and difficult guidelines" to show the court's adjudication ideas in hearing new, difficult and complex cases in the fields of digital economy, digital rights and other fields. in the internet knowledge explore rules and explore boundaries in areas such as property rights protection, maintaining online transaction order, and standardizing new online business formats.
clarify the boundaries of platform responsibilities to safeguard the development of the digital economy
the internet provides fertile ground for entrepreneurship and wealth creation in the platform economy. while the development of the platform economy creates huge social wealth, it also raises a series of issues such as data security, privacy protection, and workers' rights and interests, which have also aroused widespread discussion in the industry.
xiao lin (pseudonym) operates a self-media account on the dayuhao platform. after completing two cash withdrawals, the account balance is 65.01 yuan. since the 65.01 yuan could not be withdrawn, xiaolin sued the court and requested that the clause "can apply for withdrawal only if the balance is greater than or equal to 100 yuan" is invalid.
while handling the case, the presiding judge duan liqiong noticed that the major content creation platforms are still in the exploratory and development stage and have not yet formed unified industry standards or practices regarding withdrawal rules. duan liqiong believes that “the terms involved in the case are set in the service agreement, and users can only choose to accept or withdraw, so they are standard terms. the platform unilaterally reduced its responsibility to pay users income and unreasonably restricted users’ freedom to control their own rights.” rights to personal property, this provision shall be void”. duan liqiong said after the verdict: "platforms should pay more attention to the universality of terms and equally protect the legitimate rights and interests of unspecific and dispersed content creators."
this is a microcosm of the guangzhou internet court’s use of judicial decisions to delineate the boundaries of responsibility for platforms.
in the past six years, in order to successfully handle each case in hand, the judges of the guangzhou internet court have conducted more than 100 visits and surveys to well-known e-commerce platforms, internet companies, and game companies in guangzhou. based on understanding the technical characteristics and industrial logic, they have accurately identified the platforms responsibility--
lawyer mai discovered that the fa platform used crawler technology to obtain its public information and made unauthorized decisions to list him as a platform-certified lawyer on its website and wechat mini-program, and set up a "mr. fa number" and "charging standards" for lawyer mai. lawyer mai believes that the behavior of a french company has infringed on his personal information rights.
"a french platform has conducted a user portrait of lawyer mai. the results of this user portrait can provide objective data support for platform users who need lawyer services and help select suitable lawyers. it should be regarded as automated decision-making." in order to understand the reasons behind the case. technical logic clarifies the legal boundaries of platform application algorithm decision-making. judge hu min has done a large number of domestic and foreign case searches and comparative law research. hu min believes that "a french platform handles disclosed personal information beyond a reasonable scope without consent, which constitutes infringement."
strengthen the construction of foreign-related legal systems to serve the digital economy’s “going overseas”
with the high-quality advancement of the joint construction of the “belt and road”, it is a general trend for chinese internet companies to “go overseas”. how to provide strong legal services and guarantees for internet companies “going overseas” is the question that the guangzhou internet court party group has set out to do its foreign-related legal work.
"in their daily operations, internet companies often face complex external legal environments and cutting-edge legal issues such as parallel litigation, data transmission, and intellectual property protection." li yi, netease game litigation manager, said, "systematic practical suggestions from administrative and judicial departments "
at the recently held guangzhou 2024 foreign-related rule of law construction work conference, liu dongmei, deputy secretary of the party committee and vice president of the guangzhou internet court, released the "guidelines on foreign-related litigation procedures for internet companies and answers to frequently asked questions on legal practice" (hereinafter referred to as the "answers") , extracted 30 key questions and answers, with a view to providing suggestions for internet companies to safeguard their rights and interests and maintain competitive advantages in the global market.
"the "answers" not only provide guidance for 'overseas' internet companies to deal with relevant legal issues, but are also very helpful to legal professionals. this high-quality, efficient and pragmatic approach reflects the guangzhou internet court's contribution to the guangdong-hong kong-macao greater bay area high-quality development provides judicial services and guarantees," said liu wenjing, a professor at jinan university law school.
the issue of personal information protection in cross-border data transfer has also become a focus of attention for all parties. "my personal information was shared by the hotel to multiple regions and recipients around the world." wang believed that an international hotel company's cross-border transfer of his personal information without his consent infringed upon his personal information rights.
on september 9, shao shan, member of the party committee and vice president of the guangzhou internet court, xu xu, director of the digital economy and legal innovation research center of the university of international business and economics, and han jun, deputy director of the foreign legal services professional committee of the all-china lawyers association, focused on "cross-border data a special live broadcast was held on the theme of "personal information protection risks and governance rules in circulation".
"when using the app, i click the check box to agree to the privacy policy. can the merchant do anything with my information?" the issue of cross-border processing of personal information has triggered heated discussions among netizens.
"the defendant company collects personal information for consumers to book overseas hotels. in this case, the export of personal information is necessary to perform the contract and does not require separate consent." shao shan said when interpreting the judgment of the case during the live broadcast, "the defendant company is based on commercial reasons. for marketing purposes, it also transferred and processed relevant personal information to a third-party company located in the united states and ireland. this processing behavior and purpose exceeded what was necessary to perform the contract, and wang was not fully informed and independent consent was not obtained. this is illegal processing and infringes upon the law. wang’s personal information rights and interests shall bear civil infringement liability.”
"as a party, i feel the 'oriental experience' in this court!" not only wang, but many parties to cross-border disputes also witnessed the justice brought by the construction of foreign-related legal rules in the guangzhou internet court: in chen's case with the american company in the case of internet domain name ownership and infringement disputes, the court reasonably interpreted the "actual contact principle", brought the case into jurisdiction in accordance with the law, and continuously enhanced china's voice in the resolution of international domain name disputes; in guangzhou hu company and xiamen yi company, liu in the internet domain name enforcement case, the court helped "overseas" companies quickly realize their winning rights...
"although the road to 'going overseas' is long, it is coming soon. there is still a lot of room for internet judicial exploration. we will strive to ensure the development of new quality productivity of china's digital enterprises through internet judicial services, and service guarantees to build a new higher-level open economic system. write a good answer for the era when the rule of law empowers the digital economy to achieve steady and long-term development!" said song weili, secretary of the party committee and president of the guangzhou internet court.
