Abstract: The introduction of data element policies will promote the transformation of data-centric business models. With the increasing demand for data acquisition and use by data-driven enterprises, the “maximum range” of data acquisition to meet the operational restrictions or to eliminate competition is also spreading, making whether privacy protection should be included in the anti-monopoly regulatory framework become the focus of controversy. Combined with the analysis and reference of the application process of data privacy protection and competition law in various countries, China′s regulation on the abuse of consumer data by data enterprises should still adhere to the anti-monopoly law as the theoretical basis for defining the abuse of market dominant position, while the privacy related part should be regulated by data protection rules, so as to protect the stability of data market competition and promote the construction of the legal system based on improving the data element market.

Key words: data factor market, privacy protection, anti-monopoly law, abuse of market dominance