Operators Use Big Data To Regulate The Precise Premium By Algorithm

Data has become the core element of market competition,while algorithm creates conditions for collaborative pricing,brings algorithm collusion risk,and increases the possibility and intensity of abusing market power to infringe the interests of consumers.The essence of precise premium made by operators using big data is a targeted premium behavior implemented by data controllers to consumers by taking advantage of their position.This behavior belongs to an algorithm behavior derived from the development of big data industry.Because the "precision premium" not only involves the infringement of consumers’ personal rights and interests,but also reflects the harm that the algorithm brings to society.However,the limitations of traditional legal regulation means cannot meet the needs of the development of algorithms.Therefore,the phenomenon of "precision premium" brought by algorithms should be based on traditional legal regulation means to explore new algorithmic regulation means to meet the development of algorithms and the needs of the society for algorithms.This paper introduces the performance and reasons of "precision premium" behavior in the introduction part,and defines the research object of "algorithm regulation",and then discusses the necessity of "algorithm regulation",at present,the business operator under the use of big data for precision premium phenomenon,individual rights protection will be challenged,the responsibility is difficult to identify,algorithm of social harm and the economic benefits of balance remains to be perfect and the difficulty of traditional legal regulation model,the problem of the existence of makes algorithm law regulation regulation operators use big data for regulation of inevitable choice.This paper through to the manager’s behaviour of the use of big data for precision premium particularity,the traditional legal means to regulate the operators the limitations of the use of big data for precision premium,the use of big data for precision premium to operator behavior regulation the necessity,the algorithm operators use of big data for precision premium way four aspects to analyze the feasibility of the operator USES a rational basis of big data precision premium algorithm regulation.Combined with leading academics to operator using the theory of regulation of large data precision premium algorithm,separately from the algorithm value of neutral theory,information asymmetry theory,theory of subjectivity and objectivity of the algorithm,algorithm scenario theory and algorithm of power and balance of power theory to the understanding of the different,for operator use big data precision premium for deep understanding.The last,combined with the United States and the European Union in the advanced experience of the operator use big data to make the algorithm regulation and the status quo,according to the Chinese scholars have put forward various regulation algorithm operators use of big data for precision premium China’s theoretical model and the China currently in practice can show the algorithm regulation precision premium on large data operator experience.Regulating China’s response to the operators of the precision premium behavior by using the large data algorithm is put forward the proposal of rules and regulations.And promoting big data era of socialist market economy and the social management order of the healthy and stable development.