Study On Legal Regulation Of Programmatic Purchase Advertisement

With the development of big data and mobile Internet technologies,programmatic buying advertisements rely on powerful data storage and analysis capabilities and are supported by mobile Internet technologies,and their industrial chains continue to mature.At present,programmatic buying advertising has gradually become one of the most important business models for the mobile internet advertising market.Programmatic purchase advertising is the process of automatically executing inventory purchase through bidding.The main players involved are DSP(demand-side platform),SSP(supplier-side platform),ADX(advertising exchange platform),and DMP(data management platform).The whole process is roughly as follows: SSP will send advertisement display request to ADX.After ADX receives the request,if the user enters the advertisement page that implements RTB(real-time bidding mode),ADX will put the user's online habits and characteristics,etc.Send to the DSP,each DSP member decides whether to participate in this bidding according to their own situation,ADX will do the feedback between the SSP and the DSP,and finally ADX will select the highest bidder in the bid of each DSP member to get the opportunity of this exposure advertisement..Through the purchase of advertising spots exposed by these target audiences,the purpose of accurate advertising is essentially the purchase of the audience.The advantages of cost saving,accurate delivery,and optimized resource allocation make programmatic buying advertisements gradually becoming the future direction of the advertising industry.Apart from the problems of traditional advertising,ads delivered through programmatic purchases also have the drawbacks inherent in this model.These drawbacks are the basic reasons for legal regulation.The first is that platform owners sell fake traffic to obtain trading opportunities.Advertisers make decisions to place advertisements relying on the network data and traffic provided by websites.Therefore,many websites falsify data and traffic and use fraud to obtain trading opportunities.The second is the lack of professional platform to lead to the proliferation of false advertising,DSP trading is successful,the advertising has been removed,post-tracking is only to monitor the effectiveness of advertising,easy to settle fees between platforms,and the platform has a large number of operations Members are more difficult to supervise advertising content under the Internet environment,and it is easy to breed false advertising problems.Third,the platform subject violates data privacy principles to expose user privacy.Each platform has the ability to collect user data.The irrational use of user data,on the other hand,the characteristics of accurate delivery is also very easy to expose the user's personal data,to a large extent infringement of the user's privacy.At present,China does not have laws and regulations that specifically regulate procedural advertising,and it stipulates Internet advertisements stipulated in the "Advertising Law of the People's Republic of China"(hereinafter referred to as the "Advertising Law")and the Interim Measures for the Administration of Internet Advertising(hereinafter referred to as "Provisional Measures").As for the contents of programmatic buying advertisements,there is no special chapter on Internet advertising in the "Advertising Law",but its regulation on advertising platforms also has a certain guiding role in the procedural purchase of advertisements.The “Provisional Measures” is a detailed refinement of the “Advertising Law.” It is more targeted,responding to many issues facing the development of the Internet advertising industry,and embodying the positive efforts made by legislators to promote the development of the Internet advertising industry.It is of great significance to the legislation of the entire Internet industry.However,under the premise of regulating the three main concepts of programmatic purchase of advertising,this approach does not provide in-depth definition of how the nature of the subject is defined and the powers and responsibilities are divided so that it is difficult to clarify the responsibility of the three parties at the practical level.This is also the current procedure.The crux of the legal regulation of purchasing advertisements.At the same time,the Anti-Unfair Competition Law mainly plays a guiding and normative role in the healthy competition of the advertising industry from the perspective of regulating the competition order.Based on the problems faced by the purchase of advertising throughout the entire industry chain and the need for development,the laws and regulations for the purchase of the advertising industry are systematically improved from three aspects.First,the legal and regulatory system is improved,and the legal system is improved and supervision is improved.The two aspects of ability to start,first,we must clear the legal system,to resolve the phenomenon of cross-cutting and conflicting legal content,improve the legal system of Internet advertising,increase the legal regulation of procedural advertising,increase the legal applicability,the second is from the administrative review and social supervision In terms of each aspect,the division of powers and responsibilities among various supervisory bodies is clarified and the level of supervision and management is improved.Second,the development of the advertising industry is promoted.The emphasis is on establishing the status of the relevant platform entities,powers and responsibilities,and regulating false traffic.The first step is to clarify the platforms.The status of the main body,the division of clear powers and responsibilities,followed by the clarification of traffic data,and the promotion of monitoring of false traffic by various platforms,must both improve the laws and regulations,and improve the ability of the Internet management department or the website itself;the third is to urge the platforms.Subjects use information rationally and improve internal review of the platform Report on the basis of ability to address user privacy violations and false advertising questions to guide users to actively protect their own interests,so that it can achieve the effect of Procedure of buying advertising industry.