Commercial data refers to data with commercial value that is legally collected and controlled by business operators. The People’ s Courts apply the general provisions of the Anti-Unfair Competition Law of the People’ s Republic of China to determine whether the acquisition and use of commercial data are legitimate. The core of this determination is whether business operators have violated business ethics. It is essential to adhere to the principles of case-by-case analysis and scenario-specific analysis to refine the recognition of business ethics. It is not appropriate for the People’ s Court to take the competitive relationship as a precondition for the determi- nation of unfair competition behavior of commercial data, and it is not appropriate for the People’ s Court to take the substantial alternative standard as the standard for the determination of unfair competition behavior of com- mercial data. It is recommended to improve Article 18 of the Anti-Unfair Competition Law ( Draft Revision for Opinion) by specifying two types of unfair competition behaviors in commercial data: first, obtaining or using another operator’ s commercial data through theft, coercion, fraud, or electronic intrusion; second, obtaining or using another operator’ s commercial data in violation of reasonable and legitimate agreements.