Legal Regulation Of Big Data Transactions

In the wake of the development of information technology,the world is slowly entering an era dominated by data.Big data is profoundly changing people’s way of production,life,thinking and learning.In the era of big data,many behaviors of enterprises and individuals can be recorded and analyzed by various electronic devices,and the data resources generated therefrom are also becoming the driving force of the digital information age.Data trading is a means and process to maximize the value of data.It enables big data not only to provide application services,but also to make use of its property attributes.Due to the lack of relevant laws and regulations,there are many problems in big data transaction,which not only harm the data transaction itself,but also bring great challenges to data security.Therefore,it is an urgent problem to regulate the big data trading behavior legally.The first part is the introduction of big data and big data trading knowledge.This paper expounds the concept and legal attributes of big data,and then gives a detailed introduction of the current market situation of big data transaction,and makes a brief analysis of the subject,type and process of the transaction on the current data trading platform.Then it introduces the status quo of the legal regulation of data trading and the trading rules of the platform.The second part is to put forward the question,emphatically analyzed the big data transaction behavior existence question.From the perspective of data rights confirmation,data circulation security and data trading platform,this paper analyzes and discusses the problems of data rights ambiguity,data security,trading subject and object of data platform,data trading standard and pricing mechanism,illegal data trading and data monopoly.The third part is the extraterritorial reference,the European Union’s General Data Protection Regulations and the United States of America’s California Consumer Privacy Act to provide reference for China’s legislation.The fourth part is to solve the problem and construct the legal rules of big data transaction behavior in China.The first is to improve the trading platform,confirm the status of the third party self-regulatory legal person of the trading platform,establish the access system of the big data platform,build standardized trading rules,and improve the responsibility mechanism of the data platform.Secondly,the market mechanism of big data trading is improved from the aspects of trading mechanism,individual trading market and data opening.Furthermore,it is the improvement of the data supervision mechanism,from the supervision of the platform to multi-directional and multi-level supervision.Finally,this paper puts forward Suggestions for the enactment of data security Law in China,and looks forward to the legislation of data transaction as soon as possible.