On The Obligation Of Data Breach Prevention Of E-commerce Platform

With the rapid development of electronic devices and network information technology,e-commerce activities have become more and more popular consumers' consumption methods,bringing convenience to people's lives.However,the data breach problem of the e-commerce platform has occurred frequently,which brings harm to the personal and property safety of the consumers and affects the market operation order.Combined with the data breach path,the market economy status of operators and consumers,and based on the principle of social standard and substantive justice,the e-commerce platform has the obligation to prevent data breach and assume corresponding legal responsibilities for failure to fulfill its obligations.In the latest "E-Commerce Law",only the principle of personal information protection is regulated,and the e-commerce platform is required to fulfill its information protection obligations in accordance with the provisions on protection of personal information in other laws and regulations.In combination with the "Civil Law General Principles","Consumer Rights Protection Law" and "Network Security Law" and other laws,it can be seen that although the current law of China stipulates that e-commerce platforms need to protect personal information security,they must not disclose personal information,but they are not obligated.The content is specified and the requirements for liability are unknown.This article mainly discusses the problems existing in the current legislation,and then gives relevant suggestions to ensure that the e-commerce platform can truly implement legal obligations and protect the personal information security of consumers.This article is divided into four chapters:The first chapter mainly explains the data breach of e-commerce platform to consumers and society.For consumers,after the information disclosure,there is a risk of disturbing the lives of consumers,infringing on their privacy rights,and the risk of third parties using personal information to invade the safety of consumer property.For the society,data breach has promoted the illegal industrial chain and disrupted the normal market operation order.The second chapter analyzes the rationality of e-commerce platform to undertake the obligation of data breach prevention from the perspective of economic law.According to Pound's classification of social public interests,information disclosure constitutes a violation of the public interest.For the two parties involved in the data breach of the e-commerce platform,in the economic activities,the distribution justice requires the e-commerce platform to assume the obligation of data breach prevention.The third chapter mainly analyzes the problems existing in the data breach prevention obligation system of the e-commerce platform.The first three parts mainly analyze the problems existing in the three aspects of data breach prevention obligations,mainly lacking the refinement of mandatory standards,lack of prior prevention provisions,and unreasonable conditions for fulfilling obligations.The fourth part starts from the responsibility and expounds the problems existing in the legal responsibility of the e-commerce platform in the current legislation.The fourth chapter proposes to improve the e-commerce platform data breach prevention obligations and clear responsibilities.The first part starts from three aspects of the obligation and gives rationalization suggestions for the questions raised.The second part starts with legal responsibility and clarifies civil,administrative and criminal responsibilities to supervise the obligation to perform better.