중국 빅데이터 거래에 관한 법적 고찰- 정보법을 중심으로 -

The integration of information technology and economic society promotes the rapid development of Big Data. According to the survey conducted by the China Academy of Information and Communications Technology that the size of China's Big Data industry was 470 billion RMB in 2017, demonstrating a 30% year-on-year increase. There can be no doubt that Big Data industry is becoming a new economic growth engine and will play significant role for the future patterns of the information industry. Although Big Data transactions have developed vigorously, there is still no specific rules to regulate it. In practice, Big Data transaction is regulated by The General Rules of the Civil Law, Contact Law, Copyright Law, Law of the PRC against Unfair Competition, and the Information Protection of related regulations and policies. In order to provide grounds for Big Data transactions, this article introduces the general situation of China's Big Data Exchanges and the types of Big Data transactions, as well as the laws related to Big Data and the trading rules of Big Date Exchanges in China. In fact, there is no explicit rules for attribution of big data, and the attribution of Big Data is determined by agreement in legal practice generally. If there is no agreement in previous, the right of Big Data should be attributed to the Data collector (or creator). In the aspect of Big Data circulations, the information collector, which shall specify the using of information method, the extent and purpose of information to the individuals, shall obtain the individuals consent in advance. Finally, this article also review two cases related Big Data. According to the ruling, without permission of using Data, which is legally collected by others, is an unfair competition. In the case of cookies, the court established a standard for using personal information to infringe on the privacy rights of individuals.