Research On The Legal Regulation Of "Big Data Discriminatory Pricing"

Along with the development of e-commerce and platform economy,Internet platforms,with their obvious advantages in information and resources,enjoy more discourse power and increasingly become an important bridge between consumers and operators.As a result,the platform economy has given rise to many emerging issues,including the widespread concern of "Big Data Discriminatory Pricing".The article comprehensively sorts out the behavior of "Big Data Discriminatory Pricing" :defining and discriminating related concepts,sorting out implementation steps,analyzing illegality,and making legal characterization.According to the implementation steps,legislative situation,and functional regulation status of "Big Data Discriminatory Pricing" behavior,inhibiting the "Big Data Discriminatory Pricing" behavior by controlling the platform from the source.Then analyzing the four shortcomings of China’s current "Big Data Discriminatory Pricing" behavior,such as incomplete legal elements,lack of effective protection of consumers’ personal information,imperfect prior prevention system of algorithms,and absence of platform price information disclosure regulations.In addition,drawing lessons from the different legal regulation experiences of the United States focusing on regulating the use of algorithms and the European Union focusing on strictly protecting consumers’ personal information.Finally,four suggestions are proposed to improve the legal regulation of "Big Data Discriminatory Pricing" behavior.Improving the criteria for determining "Big Data Discriminatory Pricing" behavior by incorporating various factors into the determination of market dominance,establishing standards for reviewing the principle of equivalence,and clarifying the criteria for determining "justifiable reasons";standardizing the platform to collect and use consumer personal information by guiding the platform to refine the "click-wrap contract",prohibiting the platform from over-collecting consumer personal information and restricting consumers to access and copy personal information;Establishing algorithm risk assessment system and improving algorithm disclosure system to ensure the neutrality of algorithms further;Strengthening the platform’s disclosure of price information and correcting the information asymmetry between consumers and the platform.