일본의 한정제공데이터 보호 규정 재논의와 데이터에 관한 우리 부정경쟁방지법의 개정 방안

As the recent amendment of subparagraph 1 (k), Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act, the regulatory provision for data protection was created. This provision is based on the provisions for protecting shared data with limited access in the Unfair Competition Prevention Act of Japan. However, there should be additional discussions regarding the specific contents thereof. As three years have passed since the enforcement of the provisions for the protection of shared data with limited access, Japan is performing the rediscussion, which seems to have significant implications for the corresponding provisions of the Unfair Competition Prevention and Trade Secret Protection Act of Korea. The abovementioned rediscussion in Japan can be divided into three areas. Among them, the instrumental problems, specifically the requirement to exclude information classified as confidential from the protection scope for shared data with limited access and the criteria for determining the good faith when the good faith acquirer of the data uses them with the malicious intention post hoc, are the subjects in this study. By considering these, suggestions for improving Korea’s provisions are made.