Research On The Legal Regulation Of Personalized Pricing In The Era Of Big Data

With the advent of the era of big data,operators begin to use algorithms,artificial intelligence and other technologies to record consumers’ browsing,purchase history and other information,establish their own big database,carry out accurate "portrait" of consumers,analyze consumers’ consumption preferences and economic property status,predict their maximum payment willingness,and conduct personalized pricing for consumers.Grab a consumer surplus.In this paper,the cause,essence and influence of this behavior are taken as the starting point,and the relevant legal regulations of this behavior are systematically studied.The first part focuses on the basic theories of personalized pricing in the era of big data,including the definition of related concepts and the causes of personalized pricing in the era of big data.Personalized pricing in the era of big data refers to the behavior that operators use big data and related technologies to sketch consumers,speculate their maximum payment willingness and implement personalized pricing.The causes of personalized pricing behavior in the era of big data mainly include the current data storage,algorithm,artificial intelligence and other computer technology has been greatly improved and other reasons,such as the era of big data between consumers can be effectively blocked,the information asymmetry between operators and consumers further aggravated and operators’ profit-seeking nature.The second part through the analysis of the influence of personalized pricing era of big data and the analysis of essence and necessity of individualized pricing regulation big data era.Personalized pricing in the era of big data has a double impact on operators,consumers and market competition,so it is necessary to include it in the scope of legal regulation to ensure that its positive effects play a role while containing its negative effects.In addition,personalized pricing in the era of big data is essentially the operator’s change and application of the traditional price formation mechanism,which belongs to a part of the market economy.Bringing it into the scope of legal regulation is the requirement of building a law-based economy.At the same time,attention should be paid to the role of the market itself when regulating it,including over-correction.The third part is the analysis of relevant regulations at home and abroad.Firstly,it analyzes the regulation concept of personalized pricing in the era of big data.For personalized pricing in the era of big data,some scholars have studied relevant theories and put forward their own views.In practice,relevant regulations exist,such as the Anti-monopoly Law,the Price Law,the E-commerce Law and the Consumer Rights and Interests Protection Law.But there are still two problems: the idea,purpose and principle of regulation are not perfect;The lack of positive regulation,current laws are not applicable to the era of big data personalized pricing.Compared with China,the regulation of Europe and the United States is relatively perfect: adhere to the "risk control model" in the United States,attaches great importance to the big data,algorithms and artificial intelligence technology to the innovation of the economic and social value,the more attention to control the consequences;The EU,on the other hand,adheres to the "risk prevention model" to prevent the possible adverse effects of big data,algorithms and other technologies from the perspective of personal information protection and data management.The fourth part puts forward regulatory suggestions for personalized pricing in the era of big data according to the logic of regulation idea,purpose and principle to specific regulations.First of all,based on the previous three parts,this paper puts forward general theoretical suggestions on the legal regulation of personalized pricing in the era of big data on a macro level: establish the regulation concept of "light hand regulation",take "encouraging development and controlling risk equally" as the purpose,and take "marketization,whole process and transparency" as the principle.Secondly,it puts forward the specific system construction to regulate the personalized pricing in the era of big data: 1.Establishment of algorithm record system;2.The notification obligation of the operator;3.Reverse the burden of proof.