On The Dilemma And Outlets Of Privacy Terms Of E-commerce Platforms

The privacy clause is a legal text that regulates the collection and processing of personal information between Internet applications and users.In recent years,with the growing demand for the protection of personal information rights,people have seen privacy terms appearing in various interfaces more and more frequently,and after hurried to review,they have checked the consent option of the privacy terms.However,despite the various explanations and commitments made by Internet companies to users in privacy terms,in practice,there are still frequent occurrences of excessive collection of mobile applications and large-scale leakage of personal information.This problem is particularly serious in the field of e-commerce platforms.During the operation of the platform,the privacy clause failed to fully play its role and became a dead letter.At present,no laws and regulations,such as the "Network Security Law" and "E-Commerce Enterprise Law",expressly restrict privacy clauses.The privacy clauses are still unclear in terms of legal nature,specific content,and responsibility.This has caused the privacy clause to fall into the embarrassment of theoretical positioning and difficult practice.Starting from this issue,this article points out the practical issues of privacy clauses,reviews the privacy clauses of major e-commerce platforms,and on the basis of the foregoing analysis,uses civil law theory to analyze the reasons for the e-commerce platform privacy clauses in trouble,and discusses how to improve e-commerce.The platform’s privacy provisions have legal effect and a perfect way to improve their personal information protection.The first chapter of the article briefly raises the issues faced by the privacy provisions of the e-commerce platform.The birth of the privacy clause is closely related to preventing the risk of personal information leakage and maintaining vulnerable consumers.However,in the field of e-commerce platforms,the privacy clause has the problems of low legal effectiveness and insufficient constraints.This is mainly manifested in the following: First,the limited legislative regulations have led to the lack of strong legal constraints on privacy provisions.Second,the e-commerce platform has the right to formulate and revise privacy clauses.The content of privacy clauses is unclear and excessively excludes user rights,which also leads to difficulties in the judicial application of privacy clauses.Complex certification responsibilities bring consumers rights protection dilemmas..Chapter 2 delves into the specific texts of the privacy clauses,and observes what content and defects exist in the privacy clauses of the existing major e-commerce platforms,aiming to take the right measures and strengthen the legal effect of the privacy clauses.Privacy terms usually include: personal information collection and use rules,shared transfer and public disclosure rules,protection measures for personal information,user management of personal information,and amendments to privacy terms.This chapter compares and analyzes the above situations,and combined with legal regulations,summarizes the major flaws in the formulation and implementation of the privacy provisions of the e-commerce platform: the privacy provisions are not publicly disclosed,the content of the terms is too general and avoids informed consent In principle,when conducting business involving third-party entities,there is an improper connection and there are gaps in responsibility.These deficiencies are the real reason for the privacy policy dilemma.Chapter Ⅲ uses the general principles of civil law,contract law and other theories,combined with the practical reasons discovered in the previous article,to conduct a theoretical analysis of the existing dilemma of the privacy provisions of the e-commerce platform.The legal effect of the privacy clause is weak.The first is its inaccurate legal positioning.The platform regards the privacy clause as a unilateral statement and improperly restricts the definition of the privacy clause;at present,the legal nature of the privacy clause is also disputed,and there are "contract theory","corporate self-discipline rules theory","contract-trust relationship theory" Kind of theory.This article believes that the privacy clause is a contract in which the information collection processor informs the personal information subject of its collection and processing information rules and fulfills the principle of informed consent.Only when the privacy clause is regarded as a contract can the personal information rights be maintained and the platform be urged to perform the terms.Secondly,the current definition of personal information is ambiguous,and the use of "identification" as a criterion for personal information is insufficient,and it is easy to narrow the scope of personal information protection.Once again,the principle of informed consent is imaginary,which is reflected in the vague expression of the collection and use rules of the e-commerce platform and the use of "two choose one" authority for users to collect information,which will weaken the basis for the exercise of personal information rights and violate the principle of contract freedom.Finally,there is insufficient liability regulation in the third-party business.The third-party enterprise provides services to users through the e-commerce platform,which constitutes the "third party performing debts to creditors" in the contract law.The platform should be responsible for the improper performance of the former.The fourth chapter is based on the analysis above,and puts forward countermeasures to eliminate the dilemma of privacy clauses.This mainly involves four aspects: strengthening the contractual attributes of privacy clauses,users should enjoy more full rights to self-determination of information,and the platform should regulate their own behaviors and regularly Disclosure of the implementation of privacy provisions and contractual obligations for third-party business;consolidating the principle of informed consent,which is reflected in the refinement of the content of privacy provisions,and through the tort law to take fault presumption,increase the strength of infringement compensation,external power The business platform shall be bound by fulfilling informed consent;establish a privacy clause self-discipline system to enable the platform to develop stronger privacy clauses under industry self-discipline and guidance,and obtain industry credibility through third-party authoritative certification;consumers are encouraged to use privacy clauses To protect rights,the "Personal Information Protection Law" provides the basis for the right to claim damages,and explores the establishment of personal information infringement complaints and class action systems.