Technical measures are technical means of protecting enterprise data. There are three primary inducements for the abuse of technical measures. First, in the practice of judicial protection of enterprise data rights, excessive emphasis is placed on the object attribute of private rights of enterprise data. Second, there are inherent drawbacks in protecting corporate data rights through the Anti-Unfair Competition Law, and the appearance of “improper form” easily obscures problems such as inconsistent protection objects and too broad protection interests. Third, changes in the network environment have triggered vicious competition in technology and intensified the abuse of technological measures.
   The abuse of technical measures mainly includes three typical situations. First, the improper expansion of the scope of protection for corporate data rights breaks through the effectiveness of the “limited exclusivity” of rights. Second, through technical measures, “point-to-point” excluding the use of public data by specific competitive entities is achieved. Third, data companies rely on their advantages in data stock and holding to implement horizontal monopolies, vertical monopolies, and other monopolistic behaviors.
   Separate legal governance of the abuse of technical measures in the private protection of corporate data rights may conflict with technical logic, and separate technical governance may fall into a legal crisis due to the personal biases of the implementers. “Technical-legal” collaborative regulation is in line with the causes of the abuse of technical measures, helping resolve the value conflict between technology and law and recalibrate the scale of private remedies. It meets the regulatory needs of seeking a balance between technology and law in the abuse of technical measures.
   The path of “technology-law” collaborative regulation of the abuse of technological measures can be carried out from two aspects. First, the law should guide the technology, clarify the instrumental status of technological measures, and undermine and circumvent technological measures only when the infringement or unfair competition act is established. Second, technology should be embedded in the law, and data scraping behaviors should be differentiated and evaluated by identifying the data content protected by technical measures, and destroying or circumventing technical measures to capture original enterprise data and derivative data generally constitutes infringement of enterprise data rights and interests. Destroying or circumventing technical measures to capture non-public personal information without users' authorization should be an act of unfair competition because it infringes on the rights and interests of consumers.