Research On The Information Fiduciary Duty Of Fintech Platforms

Fintech platforms sell funds,in addition to the fiduciary duty of the funds itself,there is also the inducement of the platform.In January 2022,this problem was highlighted in the difference between the top ten fund recommendation rankings of Alipay and Tencent,which suffered huge redemptions.How to avoid platform inducement,this paper introduces and analyzes the research and practice progress of information fiduciary duty in the United States.Finance aims to match the supply and demand of funds.The core of this process is risk management,and the essence is the collection and processing of risk-related information.Therefore,information is of great significance to finance.With the development of science and technology,finance and technology are deeply integrated,and fintech mainly responds to the needs of financial information,and data information is an important combination of finance and technology.As an important participant in the fintech market,fintech platforms are also the most important data and information controllers.Fintech platforms is developed from the Internet technology platform.In the long-term Internet business,it has accumulated a huge data and information advantage,but because of this,the use of data information also affects the majority of users,and under the technical black box and technological barriers,there is a risk of infringing the rights and interests of the information subject due to the drive of interest.The use of data and information by fintech platforms is typical in the business of fintech funds.The platform provides auxiliary decision-making,risk control,customer marketing and other services by analyzing data information.Funds are closely related to the economic interests of users,so there are more danger with the problem about data and information.This paper attempts to analyze the problem in detail,and introduces the theory of information fiduciary duty,trying to find a solution to this problem in the application of this theory.The first part of the article is to sort out the fintech platform and its fintech funds support business,and analyze the combination of the fintech platform and the fintech funds to explain the data ethics and information rights of the fintech platform.The second part disassembles this problem.The root of this problem lies in the distinction between data and information and the issue of rights and interests.After demonstration,it is clear that the data controller should maintain a certain degree of modesty in the information rights and interests of the information subject when controlling the data.Based on this One point and combined with the current legal regulation of information protection,reexamine the issue of information rights and interests in fintech platform.The third part introduces the information fiduciary duty,discusses the basic theory of fiduciary duty and the information fiduciary duty theory,and discusses the controversy and value of the theory.The fourth part is the specific application of the theory about information fiduciary duty in the information rights and interests of fintech platform.Specifically discuss how to build the information fiduciary relationship in this field,and try to find a way to protect the information rights and interests of information subjects in the fintech platform.