Research On The Legal Regulation Path Of Differentiated Pricing Behaviors With Big Data

The advantage of data algorithm technology makes the transaction status between platform operators and consumers unbalanced,and the legal boundary of this field needs to be clear.In the environment of online trading,platform operators make differentiated pricing based on the data analysis and portrait of consumers,which undermines the protection of consumers’ rights and interests and the normal trading order of the market.Operator’s pursuit of profit is the main reason of this unfair phenomenon.In addition,the lack of legal system worsen it.This paper starts with the concept and legal nature of differentiated pricing behaviors with big data,and defines the concept by analyzing its behavior subject,meaning,technical path and common forms.Then focuses on the different reasons and consequences of defining differentiated pricing behaviors with big data.In the case that the behavior has both the nature of price discrimination and price fraud,it is pointed out that defining it as price fraud is more conducive to protect the substantive rights of consumers effectively.Secondly,from two aspects of both existing legal provisions and theoretical basis,this paper analyses on how the behavior is violating the consumers’ rights and interests,and clears that this behavior infringes on consumers’ right to know,right to get fair trade,right to claim according to law,and violates the principles of fairness,integrity,overall social interests and substantive justice.On this basis,through the analysis of the current legislation condition in the field of consumer rights protection,clearing up the difficulties in regulating differentiated pricing behaviors with big data under the existing legal system.On the one hand,existing laws are insufficient to protect consumers on e-commerce platforms,which makes it difficult to prevent operators of e-commerce platforms from obtaining consumers’ information excessively or pricing differently without justifiable reasons.On the other hand,the relief for consumers’ damaged rights caused by big data is insufficient,and cannot solve the consumer’s demand for returns or compensation.Finally,from the perspective of consumer rights and interests protection,the legal regulation path of differentiated pricing behaviors with big data should be:protect consumers’ right to know from the aspects of clarifying the regulatory body,strengthening the notification and licensing system,and restricting the pricing mechanism of platform algorithm;protect consumers’ right to fair trade from the aspects of clarifying the right boundary of platform operators to use consumer information and differential pricing,and improving the rules of platform operators to use the technical path;protect consumers’ right to claim compensation according to law from improving the online settlement mechanism of consumer disputes and aggravating the price The platform operators’ burden of proof and compensation,and improving the expert jury system.By using all the means above,the protection of the rights and interests of consumers would be achieve in a comprehensive way.