Research On Legal Regulation Of Algorithmic Personalized Pricing

In the era of network economy,operators rely on their own technical ability,control ability,market power and concealment ability,use big data algorithm to carry out personalized pricing,in pursuit of higher profits,which is a common means of operation.However,the behaviors of some operators are illegal because they reduce the efficiency of market distribution,infringe on the legitimate rights and interests of consumers,and violate the concept of fairness under the rule of law and commercial distribution justice.Therefore,they should be regulated by law,investigated the responsibility of the doer,and compensated for the loss of the victim,so as to maintain the order of fair competition in the market.But because the algorithm itself has the characteristics of technical,concealment and accuracy,the algorithm of personalized pricing on the value of social harmfulness judgment to follow the standard is not clear,and China’s "anti-monopoly law" "consumer rights and interests protects a law" the personal information protection act the e-commerce law "price law" and so on current law to present a fragmentation pattern of this kind of behavior specification,Therefore,it is difficult to regulate the personalized pricing behavior of algorithm effectively.To solve these problems,by using comparative research,to the European Union,the United States,Britain,Germany and France,and analyzes the rules of the organisation for economic co-operation and development experience,in reference to other country in the algorithm the legislative norms and principles of personalized pricing,according to our country’s basic national conditions,put forward to perfect the law of systematic algorithm personalized pricing regulation related Suggestions.It is necessary to build powerful algorithm-based personalized pricing supervision and law enforcement agencies,integrate the relevant functions of previous departments,improve the efficiency of supervision and law enforcement,strengthen the construction of law enforcement teams and innovation of law enforcement tools,and adhere to the specific analysis in individual cases.Clearly take consumer welfare as the value basis of judging the social harmfulness of this behavior;Core in the framework of the law,maintaining the order of market competition and consumers’ rights and interests,through the "consumer rights and interests protects a law" the personal information protection law "and" civil code "extension of terminal protection of the rights and interests of consumers,and to establish a" operator + algorithm developer "dual-track responsibility system to effectively curb illegal operator to implement personalized pricing algorithm.