A Study On The Obligation Of E-commerce Platforms To Protect Personal Information

With the advent of 5G era,people are more inclined to use the Internet to meet their daily needs,and the role of e-commerce platform has been highlighted in this era.During the transaction between users and e-commerce platforms,a large amount of personal information will be generated.Because the two sides of the personal information imbalance,electric business platform has technical advantages,in the process of provide service for user will collect a lot of personal information,through in-depth-analysis of the personal information,is likely to invasion of privacy,and consumers in advocating privacy violation,the burden of proof burden is relatively heavy,Therefore,its stipulates the obligation of personal information security protection from its side.E-commerce platforms have equal protection obligations as well as administrative protection obligations.Different in nature,the specific content of the obligation to protect personal information is not the same.With the development of The Times,the obligations of e-commerce platforms for personal information protection are constantly enriched.The first part of this paper analyzes “Ctrip Case” and “Gonzales case”,points out the differences between the two cases,and leads to the following information protection obligations of e-commerce platforms: one is the protection obligation of e-commerce platforms for personal information,the other is about the forgetting obligation of e-commerce platforms for personal information.The second part is the theoretical basis of the obligation of the e-commerce platform to protect personal information.It studies the nature of the e-commerce platform and analyzes the nature of both equal relationship and administrative relationship.Then it introduces the theoretical basis of e-commerce platform's personal information protection,points out the legal obligation and agreed obligation from the obligation level,and analyzes the right to privacy and the right to be forgotten from the right level,as well as the difference between them.The third part is the content of the obligation of the e-commerce platform to protect personal information.Based on the two properties of the e-commerce platform,the protection obligation of the e-commerce platform under the equal relationship is discussed,and the obligation is analyzed from the stage of collection,storage,use and relief of personal information.The protection obligation under the management relationship is analyzed from the prior stage,the middle stage and the post stage of personal information.The fourth part points out the deficiencies of the personal information protection obligation of China's e-commerce platforms,From the perspective of procedural protection obligation,it points out the deficiency of consultation system,notification obligation,deletion system and reporting system.From the perspective of substantive protection obligation,the deficiencies of e-commerce platform obligation are analyzed from the infringement of information collection,information storage and information use.system from the procedural protection obligation.From the perspective of substantive protection obligation,the deficiencies of obligations of e-commerce platforms are analyzed from the aspects of infringement of information collection,information storage and information use.The fifth part puts forward suggestions on how to improve the personal information protection obligations of e-commerce platforms.From the program line protection obligations to improve;There is also from the perspective of substantive protection obligations to improve;Finally,it proposes the obligation of forgetting to protect personal information security.