A Comparative Study On The Legal Regulation Of The Algorithmic Discrimination System Of Food Delivery Platforms In China And The EU

In the era of AI,the integration of big data and algorithms has developed in the field of industry.New employment patterns characterized by Internet plus have emerged as the times require,and have brought about subversive changes and developments in social life,employment patterns and employment patterns.The contact medium between employers and workers has changed from a traditional company to an intelligent algorithm platform.Units use big data algorithms to digitize human behavior,so as to realize dual control over user transaction behavior and labor payment.While big data algorithm changes social production,lifestyle and operation structure and helps production and operation,due to its own limitations,algorithm discrimination,algorithm black box and other phenomena are frequently exposed in front of the public.The regulation of algorithm discrimination has gradually attracted the deep attention of society and academia.In terms of data protection,compared with the general data protection regulations issued by the European Union,China does not have a clear legal regulation on algorithm discrimination data protection.It can only show the attitude of "regulating while walking" of algorithm discrimination from scattered legal provisions,and there is a large lag in legislation.In addition,the EU’s data protection,the identification of flexible employment and labor relations in the platform economy,as well as the relevant legislative provisions and judicial experience on the protection of workers’ rights and interests,have important theoretical and practical significance for the regulation of platform algorithm discrimination in China’s sharing economy.Taking the specific regulation of algorithmic discrimination in takeout platforms as the clue,this paper compares the legislation and judicial practice of algorithmic discrimination in takeout platforms in China and EU countries from three aspects:data protection,labor relationship judgment and labor rights and interests protection,and analyzes the lack of data protection legislation,rigid subordinate attribute standards of labor relations Based on the practical difficulties such as the binding protection of labor relations and social insurance,this paper puts forward legal suggestions and Countermeasures for the regulation of algorithmic discrimination on takeout platforms in China by learning from the experience of EU countries.Due to the consistency of regulation and protection tendency between China and the EU in source data processing,algorithm data transparency,algorithm data accountability and relief mechanism,attribute judgment standard of labor relations,China can learn from the legislative measures of algorithm discrimination regulation in EU countries based on the current situation of specific industries.Using the method of comparative analysis,this paper compares the algorithmic discrimination system of China EU takeout platform,adopts the way of legal transplantation,combines the specific reality of our country with the advanced experience of EU countries,and explores the algorithmic regulation path suitable for China’s national conditions.Diversification through data screening;Strengthen the dynamic review of data risk;Improve the accountability mechanism of algorithm data;Flexibly adjust the subordinate standard of labor relations;Setting up intermediate workers;Realize the decoupling between social insurance and labor relations;Establish and improve the occupational injury protection system for platform flexible employees,and further improve the regulation of algorithmic discrimination system under China’s platform economy.