The legal regulation of big data "killing"
August 04, 2021 09:53 Source: "China Social Sciences", August 4, 2021, Issue 2222 Author: Li Yuan

Big Data "Killing",It can be simply understood as the operator through big data analysis means,Use your own information advantage,Different from new and old customers distinguished,Set a higher price for old customers,The phenomenon that causes losses of old customers。essentially,Big Data "Killing" behavior is a personalized "differentiated price"。The operator is marketing purpose,Use big data technology to subdivide consumers,The willingness to pay for consumers to pay for the price of goods or services,Provide different prices for consumers to buy goods and services。Differential pricing,The goal of the seller is under the premise of losing price sensitive customers,Price of increasing price non -sensitive customers for goods or services。This is the concept behind "Differential Pricing" -to set the price according to the needs or the willingness of the customer's payment,instead of cost。

Recent,Shenzhen Municipal People's Congress released the "Data Regulations of the Shenzhen Special Economic Zone" (Draft for Soliciting Opinions),Among them, the market subject must not be analyzed through data,Different benefits for transactions with the same transaction conditions without proper reasons。Violation of the above regulations,Except for confiscation of illegal income,Serious consequences of serious or serious consequences,Divided by less than 50 million yuan or a fine of less than 5%of the previous year,and can be given to a revocation license、Limit production and operation activities、Order to close Bet365 lotto review the punishment。This provision has a basis of a certain rationality。but but,Differential pricing effect,You need to observe from the positive and negative aspects。

From the negative effect,,Since online retailers can highly refine and observe consumers' online behavior,But consumers cannot carefully check the pricing behavior of online retailers at the same level,Consumers do face the risk of differentiated pricing。A consumer does not choose cheaper suppliers under the same product and service,It is not necessarily that consumers prefer the current merchants,They may not recognize the attractiveness of other choices。Consumers may be based on consumer habits and price in online shopping、Quality comparison skills are scarce and failed to make a more reasonable choice。corresponding,Get a higher price for this type of consumers,Undoubtedly using the ignorance and weakness of this kind of immature consumers。Legal -based price discrimination has aroused people's attention to allocation of justice。Groups that are not good at digital operations,The selected products and services will be inferior to the group in terms of price or quality.。To solve this problem,It's difficult。Because,Disadbon consumers and the feedback behavior of consumers with fixed brand preferences in the shopping process are similar,Legislation to protect is weak consumers,instead of consumers with fixed brand preferences。The negative effects brought by differentiation pricing,Indeed laws need to respond。

but but,Before the law is responded,You should also see the positive benefits caused by differentiated pricing。Differentiated pricing in certain forms has a certain reasonable basis。For example, the bet365 live casino games time of a traveler at the time closer to the travel date,Buy air tickets or book hotel rooms,They usually pay a higher price for the same air ticket or the same hotel room。Economics research indicates,This type of timing pricing is good for enterprises and consumers。This is actually floating based on the price generated by demand and the willingness to pay。Differential pricing is rarely opposed。Economics theory is generally considered,The implementation of differential pricing is for enterprises,Cost will be generated,But it can also bring benefits,Incentive effect。Especially when the seller has a certain market force,Different pricing can often expand the market scale。For example,The price of the movie theater is often relatively favorable,Differential pricing allows budget -stricken movie enthusiasts to get more choice opportunities。If the cinema cannot use this differential price,Keep a high price and leave an empty position,It means that the profit of the cinema will be reduced,The number of people who get entertainment will also be reduced accordingly。From this perspective,Differential pricing may make sellers come into contact with more customers,Incentive effect,Improve the benefits of enterprises and consumers。

Differential pricing, the balance and disadvantage of the price revealed the more proper response of the law,Perhaps it is not a strict prohibition of differentiated pricing。Analysis of this question,First of all, you need to consider the challenge you face differentiated,Another,It is also necessary to consider the standard value of two aspects。The first aspect is economic efficiency,Pay attention to the impact of this behavior on the total bet365 live casino games consumption surplus; the second aspect needs to be observed from the perspective of consumers,Whether there is an unfair transaction,Is there an unfair treatment of social groups。Look at the challenges facing differentiated pricing,Merchants must know the willingness of consumers to pay。Even for companies with a lot of data and computing power,This is also a complicated question。Another,Considering the influence from competition,Even if the merchant knows that customers are willing to pay a higher price,Wide existence of competition will also limit the choice of price increases。Another,If the merchant can overcome the difficulties in the above two aspects,Personalized pricing,It must be careful,Avoid alienate customers who think this pricing strategy itself is unfair。

From the perspective of consumer surplus,Merchants are expanding potential buyer groups,Set more favorable transaction conditions for new customers,This discount often comes from the transfer of profits obtained in merchants and old customers。Overall,As long as there is restrictions on the competition of external market,Large -scale differentiated pricing does not cause the net loss of the overall benefits of the consumer group。In the eyes of economists,Differential pricing is neutral。In addition to being monopolized by a company, it will reduce the overall consumer surplus,It should be determined that it constitutes an abuse of market dominance,Under other circumstances,Algorithm -based price discrimination on price discrimination on consumer welfare is blurred。

From the perspective of fair trading right,Fair trading right does not mean that providers of goods or services have legal obligations to treat all transaction objects with the same transaction bet365 live casino games conditions,This is not the connotation of fair transaction right。Some legal scholars think,Based on equality、A voluntary trading should be presided as fair。In business practice,Dure considerations based on different situations,In different time periods and different regions,Set different prices for the same product or service,The foundation with a certain rationality。Another,Consumers also have various tools,can help yourself find a better price。The simplest of these tools is the search engine,For the use of price comparison and price tracking website,This kind of websites can display many different online sellers at a time point for the current price of similar products,This makes it easier for buyers to see the complete price range。

The above analysis reveals that the big data "killing" can be handed over to the market to adjust to a certain extent。Differential pricing of the law on big data should not be completely denied。Of course,Differential pricing and the combination of big data makes people worry,The situation of some consumers may become poor because of this,At the same time,But they know very little about their own changes。Considering a merchant who implements differentiated pricing,Often analyzes the user's consumption habits by collecting user personal information,Use this information to label the user's data label and treat it differently,So,Merchants have the obligation to comply with the provisions of the protection of personal information,Gathering、Storage、Get user consent when using consumer personal information。Another,Merchant pricing often lacks transparency,Legal levels can be considered to introduce a compulsory disclosure system,Prompt that the search results bet365 best casino games they obtained by consumers have "customized" attributes,and variables that affect the price of its products or services,Ensure that consumers' right to know and choose to be respected。

In reality,Some companies have used big data for targeted marketing,Start trying differentiated pricing。The focus of legal attention should be whether the operator exists in the abuse of market dominance,Is there any violation of competition arrangements。Different pricing based on algorithms may exacerbate competition,and provide consumers with a more personalized shopping experience,Some consumers benefit,Some consumers are damaged。Only when differentiated pricing damages the competition、The benefits of the protected disadvantaged group or fraudulent behavior,Legal intervention is necessary。Only when there is a very serious and differentiated pricing of consumers' interests for a long time, and other remedial measures are invalid,Considering the use of administrative measures, it seems appropriate。These measures include price supervision、High punishment、Limit production and operation activities、Order to close, etc.。Actually,Many problems in differentiated pricing can be regulated by the market itself and the existing anti -discrimination、Anti -improper competition、Private and personal information protection、Consumer Rights Protection and the relevant system in the E -commerce Law will be solved。Considering the development speed of technology and business practice,Business applications of big data are worthy of continuous attention,Especially when the enterprise uses sensitive information in an opaque method for users and exceeds the bet365 live casino games boundary of the regulatory framework。Now,Enterprises are paying more and more attention to big data and consumer analysis,Legislators need to consider the most promoting efficiency、Policies for Fairness and Innovation。

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