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International Journal of Trend in Scientific Research and Development (IJTSRD)
Volume 5 Issue 5, July-August 2021 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 783
Research on Legal Protection of Personal
Data Privacy of E-Commerce Platform Users
Changjun Wu, Xinru Wang
School of Law, Beijing Wuzi University, Beijing, China
ABSTRACT
As a product of the information age, e-commerce platform not only
changes people's daily life, but also brings unprecedented impact and
infection to users' personal data privacy. Under the influence of
various factors, the phenomenon of data privacy infringement
emerges in endlessly and becomes more and more common.
Strengthening the protection of data privacy has become an urgent
problem to be solved. At present, China has initially established laws
and systems on the protection of personal data privacy, but they are
not enough to effectively deal with many problems that have
emerged. There is still a lack of comprehensive and systematic legal
provisions and specific and effective implementation measures in
legislation, law enforcement and justice. How to further control the
violation of users' personal data privacy has become a new challenge
we need to face. Based on the relevant laws and regulations such as
the e-commerce law and the civil code, this paper analyzes the value,
current situation, problems and other specific contents of the personal
data privacy right of the users of e-commerce platform, points out the
current situation of the legal protection of the rights and interests of
the users of e-commerce platform, and further analyzes its
shortcomings, Based on this, this paper leads to the e-commerce
platform users' personal privacy, so as to put forward
countermeasures and measures, and put forward the path to improve
the legal system construction. The author thinks that we should
innovate the concept of data privacy protection, learn from foreign
advanced experience, strengthen domestic legal protection, improve
the law enforcement means and the internal governance mechanism
of the platform, so as to improve the legal system of personal data
privacy of e-commerce platform users in China, maintain the order of
e-commerce platform, and promote the sustainable and healthy
development of data economy.
KEYWORDS: Data privacy; Electronic Commerce; Laws and
regulations; Personal information
How to cite this paper: Changjun Wu |
Xinru Wang "Research on Legal
Protection of Personal Data Privacy of
E-Commerce
Platform Users"
Published in
International Journal
of Trend in
Scientific Research
and Development
(ijtsrd), ISSN: 2456-
6470, Volume-5 | Issue-5, August 2021,
pp.783-790, URL:
www.ijtsrd.com/papers/ijtsrd44956.pdf
Copyright © 2021 by author (s) and
International Journal of Trend in
Scientific Research and Development
Journal. This is an
Open Access article
distributed under the
terms of the Creative Commons
Attribution License (CC BY 4.0)
(http://creativecommons.org/licenses/by/4.0)
I. INTRODUCTION
The infringement of personal data privacy of e-
commerce platform users is serious, and it is urgent to
improve the relevant legal protection system. This
paper analyzes the current situation and problems of
legal protection of e-commerce platform users' rights
and interests, leads to the relevant content of e-
commerce platform users' personal privacy, and
expounds the relevant countermeasures and measures.
According to the laws and regulations, this paper
expounds the current situation of the legal protection
of the users' personal data privacy of e-commerce
platform, and analyzes the legislative, law
enforcement, judicial and internal governance of e-
commerce platform enterprises. In view of the current
situation and problems of the legal protection of e-
commerce platform users' personal data privacy, this
paper puts forward the path to improve the legal
system construction; This paper explains from four
aspects: clarifying the concept definition and
protection principles of e-commerce platform users'
personal data privacy, improving the legal protection
system of e-commerce platform users' personal data
IJTSRD44956
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 784
privacy, formulating the supervision methods and
legal regulation means of e-commerce platform users'
personal data privacy, and strengthening the
awareness and ability construction of users' personal
information protection.
In the era of big data, human beings are always
coerced in the turbulent wave of electronic
information technology. Our daily life and big data
are interrelated and inseparable. With the Internet as
the media, the extensive use of personal information
has become an important part of people's
communication. In the process of compiling the civil
code of the people's Republic of China (hereinafter
referred to as the civil code), we have fully
considered the background of the era of big data. In
order to fully meet the needs of social reality, our
legislature has proposed a new system: personal
information protection system. This move shows that
the state attaches great importance to the privacy of
personal data of public platform users. However, at
this critical period of great development, great change
and great adjustment, its legal status is not clear.
Therefore, scholars in China's legal circles have
launched a heated discussion based on the "e-
commerce law of the people's Republic of China"
(hereinafter referred to as the "e-commerce law"), To
guide judicial practice with legal theory and provide
comprehensive legal protection for users' personal
data privacy. Based on the civil code, the e-commerce
law and the data security law, this paper takes the
privacy and legal protection of personal data of users
of e-commerce platform as the research object,
analyzes and discusses the theory and practice of the
privacy and legal protection of personal data of users
of e-commerce platform combined with relevant legal
theories, and puts forward some suggestions on
improving the legislative system, law enforcement
and legal protection The Countermeasures of judicial
protection system aim to improve the theoretical
analysis of personal data privacy and legal protection
of e-commerce platform users, so as to better protect
the implementation of civil code, e-commerce law
and relevant laws and regulations.
A. Background of topic selection
This paper relies on big data technology as the
background, as a mass of data aggregation, came into
being a new way of data analysis beyond people's
imagination. In our real life, e-commerce platform is
the product of demand in the context of big data. It
provides an extremely convenient communication
channel for e-commerce transactions and promotes
the rapid development of e-commerce. But in recent
years, while electronic information technology
provides convenience for people, personal data
information is also facing the risk of being mined,
disclosed and processed. At present, the existing
forms and systems of personal information protection
cannot keep up with the new situation of the rapid
development of digital industry in the data era. The
fragmentation of relevant laws and regulations, the
lack of supervision, and the weak self-protection
awareness of citizens are very prominent. It is still a
long way to go to maintain the privacy and security of
personal data of users of e-commerce platform.
B. Research significance
1. Theoretical significance
First, further deepen the theoretical research on the
right of personal data privacy of e-commerce
platform users, excavate the theoretical basis of the
"e-commerce law" on the right of personal data
privacy of e-commerce platform users, and improve
the research field of the right of personal data privacy
of e-commerce platform users combined with the
specific content of the "Civil Code". Secondly, it
summarizes the close relationship between the civil
code, e-commerce law and other domestic laws and
regulations, explores the basic concept of personal
data privacy of e-commerce platform users, and
promotes the construction and improvement of the
theoretical framework and structure. According to the
legislative concept of "e-commerce law" and the
needs of social reality, this paper explores new
research fields in the era of big data. This topic
further expands the theoretical research on the
personal data privacy of e-commerce platform users,
explores and demonstrates the basic principles,
concepts and scientific framework of the personal
data privacy of e-commerce platform users.
2. Practical significance
In the field of legislation, it provides legislative ideas
for improving the legal protection of users' personal
data privacy in e-commerce platform, and promotes
the judicial interpretation of users' personal data
privacy in e-commerce platform, so as to
continuously improve the construction of China's
legal system. In the judicial field, starting from the
relevant concepts of the "e-commerce law" and
combining with the relevant laws and regulations at
home and abroad, this paper further defines the
personal data privacy right of users of e-commerce
platform, so as to provide valuable reference for the
court to settle disputes and stop disputes, so as to
further ensure the fairness and justice of the case trial
and maintain the judicial justice and order. In the field
of law enforcement, we should pay more attention to
the infringement of users' personal data privacy by
strengthening the e-commerce platform, strengthen
the supervision and management of e-commerce
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
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platform, refine the implementation of law
enforcement steps, and improve the law enforcement
quality and level of administrative law enforcement
personnel. This topic and related research results or
conclusions can provide scientific basis for the legal
protection of personal data privacy of e-commerce
platform users, provide scientific countermeasures for
relevant legislation, law enforcement, justice and e-
commerce enterprise platform governance, and put
forward legal, reasonable and feasible legal system
construction and improvement scheme.
II. Status quo of legal protection of personal
data privacy of e-commerce platform users
E-commerce platform refers to the legal person or
unincorporated organization that provides relevant
information services for the main body in the e-
commerce transaction business for the main body to
carry out the transaction business independently. E-
commerce platform is the backbone of participating
in the regulation of market economy, and its unique
data advantage constantly stimulates the main bodyof
e-commerce platform to have a sense of attachment to
it. Therefore, e-commerce platform has gradually
become an important choice and basis for the trading
body to carry out e-commerce activities. However, at
the same time, the virtual platform also has the
derivative problems of consumer data privacy
protection and related rights abuse. In recent years,
with the rapid development of Internet, there are a
large number of managers, operators and consumers
in e-commerce platform, with a wide range of
distribution and strong concealment of illegal acts,
which continue to threaten the healthy development
of e-commerce industry. With the continuous
improvement of the core technology of e-commerce
platform, its influence and control on operators and
consumers are increasingly strong. The "e-commerce
law" promulgated in early 2019 defines e-commerce
platform as "operator" and stipulates responsibilities
and obligations, which indicates that e-commerce
platform has acquired the status of "managed subject"
in the legal sense. However, in real life, e-commerce
platform as the main body does not always play the
role of being managed. Because it also has some
functions of economic management, it is difficult to
be fully covered by the legal identity of "operator". It
can be seen that e-commerce platform is in urgent
need of further carding and adjustment at the legal
level due to its special subject status.
A. E-commerce law and the status quo of user's
personal data privacy protection
1. The subject of registration is not clear
Before the implementation of the "E-commerce
Law", business license is not required to engage in
trading activities on the e-commerce platform, and all
independent entities can operate on their own
according to their needs. Since the promulgation of
the "e-commerce law", online operators must register
with the designated industrial and commercial
departments according to the regulations. This rigid
regulation not only standardizes the subject identity
of China's online operators, but also provides many
offline operators with opportunities for fair
competition. However, this requirement does not
specify the registration subject of e-commerce
platform, which also makes the subject status of many
personal business activities such as purchasing agent
unclear. Because these operators are not clear about
their subject identity, they have to choose to publish
relevant product information on Wechat, microblog
and other public social networking platforms for
online transactions, which greatly increases the risk of
infringement on the personal data privacy of platform
users. As China's "e-commerce law" does not provide
for the registration of this type of business entities,
individual business activities do not need to be
registered in industry and commerce. With its low
price and convenient procedures, this behavior
continues to attract a large number of consumers in
China. The network fraud, fake and shoddy product
transactions, personal data privacy leakage and other
phenomena caused by the rise of a large number of e-
commerce platform users suffer, but it is difficult to
get effective rights protection. With the rapid
development of online social media in China, similar
e-commerce platforms are widely known and
downloaded by the public. If such business entities
are not regulated by law, the legitimate rights and
interests of China's e-commerce market and e-
commerce platform users will be difficult to be
effectively protected.
2. There are some oversight in the supervision of
unfair competition
With the passage of time, many operators on e-
commerce platform have good reputation, high
reputation and good product quality. Because they
have been operating on e-commerce platform for a
long time, they have strong competitiveness. But the
Internet environment is complex, such as good
business status of users often face the invasion of
unscrupulous business unfair competition. After
receiving the fees, some "professional evaluators"
will make these e-commerce platform users who
participate in normal trading behavior suffer from the
adverse impact of negative evaluation by means of
excessive bad evaluation. At the same time, operators
who do not have outstanding business status and
effect will choose to employ "professional reviewers"
to make false beautification evaluation on their
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 786
products, and cheat consumers to trade by deception,
which seriously affects the healthy and normal
operation of e-commerce platform. Although the E-
commerce Law has made rigid provisions to stop the
system of false comments, there are still many such
unfair competition behaviors that have not been
involved and standardized, so it is difficult to
effectively supervise such behaviors.
B. The legal system of tort liability and the status
quo of the protection of users' personal data
privacy
Although e-commerce platform provides people with
a faster and more convenient wayof transaction, there
is no clear provision on the tort liability of Internet
platform subject to tort The relevant provisions in the
tort liability section of the civil code have filled this
gap, which provides a strong support for whether to
bear the tort liabilityof e-commerce platform. Among
them, the division of the relevant standards of tort
liability, Chinese scholars will be summarized into
the following two provisions, first, prompt provisions
or "notice and delete" provisions. If the main body of
e-commerce platform wants to avoid taking
corresponding responsibilities, it needs to take timely
and effective measures after receiving reports or
complaints. Second, know the rules. That is to say, if
the manager of the e-commerce platform knows that
the user of the e-commerce platform divulges other
people's data privacy or invades other people's
legitimate rights by using his Internet system, and
fails to stop the loss in time, and takes effective
measures to stop the loss, he shall bear the
corresponding joint and several liability with the user.
Although these two rules provide the principle
guidance for the assumption of Internet tort liability,
it is obviously not enough to deal with the complex
and changeable Internet environment, and it is still
necessary to conduct in-depth discussion.
C. The status quo of the protection of users'
personal data privacy in "network security
law"
First of all, "Network Security Law" has carried on
the detailed stipulation to each link of network
security protection. The network operation,
information security, supervision and punishment and
other aspects are provided with general and special
provisions. The responsibilities, obligations and
corresponding punishment measures of different
subjects are also clarified. Secondly, "Network
Security Law" has carried on the concrete elaboration
to the basic principle. With the promulgation and
implementation of the law, the information
governance requirements scattered in various
regulations, policies and documents have been clearly
and systematically elaborated, which further affirms
the guiding concept of network security from the
perspective of legal theory. Finally, the "Network
Security Law" has made significant innovations in
specific measures. This fills in the defects of unclear
responsibility of information security supervision and
management of Internet platform for a long time in
China, solves the problems of mutual shirking
responsibility in the past to a certain extent, and
strengthens the supervision and management of
network transactions. The law has different types of
supervision methods, which reduces the negligence
and abuse of power of the staff of the supervision
department, and improves the implementation
efficiency of the management department. These
detailed regulations provide effective legal support
for the security protection of users' personal data
privacy.
III. The existing problems of the legal
guarantee system of the privacy right of big
data in e-commerce platform
A. The legislative protection mechanism needs to
be improved
From the constitutional perspective, as a basic human
right to privacy, has become the basic rights of
citizens are clearly defined, which not only reflects
that the right of personal privacy can never be
infringed illegally, but also shows that the
Constitution provides the most direct basis for other
departments to improve the legislation on privacy
rights at the basic legal level. But the scope of legal
protection at macro level can involve and adjust is
limited after all. How to further improve and develop
it in practice has become an urgent problem. At
present, there are two main legislative measures to be
taken in China: first, the law on the protection of
personal information is formulated to conform to the
international legislative trend of personal privacy
information protection. The basic goal is to unify
standards and have basis for the law; Secondly, the
article makes a detailed analysis of the provisions of
the protection of the right to privacy in administrative
law, aiming at enhancing the practical operability.
But at present, this cannot solve the various problems
faced by the right of data privacy in real life. How to
solve the life problems more pertinently in the
legislative level needs further consideration. From the
perspective of civil law, we can see that the right of
privacy has been clearly defined as a basic right
enjoyed by people in the civil code (general
provisions). However, the establishment of the
concept of privacy is obviously lagging behind social
practice, and the establishment of tort liability is not
clear. We should further strengthen the definition and
extension of privacy in the current civil legislation, so
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 787
as to make a classification in practice, so as to
facilitate the correct understanding and correct
application of the majority of citizens. Finally, from
the perspective of criminal law, we should make
corresponding legislation perfect: first, the current
criminal law only takes the information crime carried
out by the unit as the main body, as the main
component of the crime of illegally providing
personal information for citizens, which is obviously
not conducive to the fight against the crime of natural
person information. The author thinks that the main
body of crime can be expanded into the general crime
subject. Secondly, the object of infringement on the
crime of illegally stealing computer information is
limited to the high-tech field, and the general
communication computer information system is still
in a neglected stage, which is very unfavorable to the
fight against the crime in the field of computer
information. Third, according to the current criminal
law of our country, the crime of violating the freedom
of communication does not meet the trend of social
science and technology development within the scope
of protection within our ability. Modern
communication and communication methods should
be included.
B. The law enforcement and protection
mechanism needs to be improved
With the advent of big data age, managers and
providers providing e-commerce platform services
can draw their preferred paths according to user
browsing traces. Then, the bad placement of targeted
advertising brings more and more threats to the
privacy of personal data of e-commerce platform
users. Although in some current legal documents, the
situation that can be found as "using personal
information without user permission" indicates that
the use of user personal information and algorithms to
direct push information. But in the process of
practice, it is difficult to really protect the rights and
interests of users. According to the current
regulations, in the process of protection, as long as it
does not seriously affect the life of the plaintiff, even
if the defendant's infringement infringes the plaintiff's
legal rights and interests (the right to data privacy),
the plaintiff's claim for damages will not be
confirmed.
C. The judicial protection system needs to be
reformed
The position of the managers, operators and
consumers of e-commerce platform is very different,
and the single judicial supervision approach cannot
achieve the efficient restriction. The occurrence of
large-scale tort has to be reflected. Should the
violation of the prohibition be stopped by civil
damages? Should administrative punishment be given
to serious violators, or even to investigate their
criminal responsibility? The author believes that the
diversified supervision path can effectively guarantee
the healthy development of e-commerce platform and
e-commerce industry. In addition, in the era of big
data, the public authority department should also be
the active controller of user personal information, and
should actively fulfill the obligation to protect
citizens' personal information rights and interests
from direct or indirect infringement. Of course, the
characteristics of information technology cannot be
ignored. It determines that a single judicial
supervision path cannot provide long-term and
effective protection for personal information.
Therefore, the author thinks that the protection of
personal data privacy should build a comprehensive
supervision mode of public-private law. The
functions of the laws of each department should be
fully exerted to realize the judicial supervision
mechanism of internal unity and system coordination.
D. Internal governance of e-commerce platform
enterprises needs to be strengthened
The problem of short board in e-commerce platform
enterprises in China is especially prominent. The
problems in practice will often play a great role in
promoting the legislation of e-commerce in China. It
is necessary to mention that the current e-commerce
law does not perfect the regulations on operators in
the e-commerce platform. In some clear and visible
issues, operators should first abide by the provisions
of the current law. If the current law does not, some
reasonable judicial interpretation can be applied to
specific cases. In this regard, the author also puts
forward some personal opinions on the specific
situation after the promulgation of the e-commerce
law. First, we can clearly stipulate the qualification
review obligations of e-commerce platform operators,
and improve the registration system and regular
verification related provisions according to the
current situation. Secondly, it can be an effective way
to construct complaint mechanism to facilitate the
daily supervision and inspection of specific
information in e-commerce platform. In this case, we
should perfect the information publicity system of
operators and classify and register credit grades.
Finally, we can regularly submit the identity
information of the merchants and the matters related
to tax payment to the relevant departments of the state
for further supervision and management.
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 788
IV. The way to perfect the legal guarantee
system of privacy of personal data of users
on e-commerce platform
A. Improve the legislation of privacy protection of
platform users' personal data
1. Innovation of personal data privacy protection
concept in information data sharing platform
Although the newly issued civil code has made
provisions on personal data information being
protected by law, compared with the relevant research
of EU, the following deficiencies in domestic
theoretical research in China need to be further
improved: (1) At present, there are unclear boundaries
and overlapping of different legal documents in
China, The terms and regulations of the same or
similar content are not completely unified, which is
very unfavorable to the mutual connection and
coordination of rights and obligations of all parties
within the e-commerce platform.(2) The subject that
needs to regulate rights and obligations in e-
commerce platform is not comprehensive, and it does
not make special emphasis on the behavior subject
which is easy to disclose user data information.( 3)
The provisions on rights and obligations are too
principled, not concise and targeted.(4) There is no
formal and operational judicial remedy. Therefore,
China should further explore the theory and focus on
the establishment of a more comprehensive and sound
legal system for personal data privacy protection. We
can promulgate the special legal documents such as
personal information protection law and data security
law as soon as possible, and clarify the rights and
obligations of users of e-commerce platform to their
data information.
2. Combine the national conditions of China with
the advanced legislation experience abroad
From the perspective of law to social governance,
China should build a dual track protection system of
personal information and a system of personal
information rights and interests of data sharing by
referring to the legislative concept of The EU General
Data Protection Regulations (GDPR). At the same
time, we should realize that although The EU General
Data Protection Regulations (GDPR) regulates and
restricts the protection of personal data, the content of
privacy protection of personal data shared by EU and
China still has great limitations. At present, only
anonymous data information can be shared or data
information agreed by data subject can be achieved.
However, The EU General Data Protection
Regulations (GDPR) provides a typical legal
framework for the protection of personal data privacy,
which is of great reference value for the effective
implementation of personal data privacy protection
measures for users of e-commerce platform in China.
B. Improve the law enforcement and protection
mechanism of privacy of platform users'
personal data
At present, it can be clear in legislation that
determining the standard of damages is one of the
effective regulatory methods in the current law. Some
scholars in China think that "the cost of safeguarding
rights is higher and the amount of compensation is
low" is the most prominent problem in the protection
of personal information in civil cases. Because of the
lack of strong legal documents as guidance in
legislation, the court in practice requires the infringer
to apologize for the apology, but in fact, there is little
demand for damages. After investigation, there are
two ways to compensate for the damage caused by
the infringement of data privacy of users on e-
commerce platform: one is to compensate according
to the amount of loss. Secondly, according to the
profit of the infringer, the compensation shall be
made in a fixed proportion. In the era of big data,
information subject can easily obtain huge property
benefits from infringement. However, due to the
unequal information and frequent data theft, it is
difficult for users of e-commerce platform to find
their infringement in time. Therefore, from the
effective containment and prevention point of view,
for malicious infringement of e-commerce platform
user information for profit (especially data privacy),
we should learn from foreign countries to pay great
attention to the punishment methods in personal
information protection, and integrate it into the
punitive compensation system to protect the
legitimate rights and interests of users in the
vulnerable e-commerce platform.
C. Strengthen the judicial protection mechanism
of the privacy of user personal data
Judicial organs should attach importance to the trial
of infringement disputes on user data rights and
interests. When correctly identifying the platform for
collecting user information in a case, it is obliged to
make clear to users, and also have the obligation of
keeping personal information confidential. Personal
data often has different definitions in different fields,
institutions or scholars' perspectives. Personal data is
also called personal information. Personal data right
refers to the real rights and interests that the subject
can independently decide in the process of collecting
and using the data about himself or her. According to
some scholars' opinions, the main attribute of
personal data right is personality right or property
right. At present, the civil code of China has some
corresponding provisions on the protection of
personal information, but it is rarely studied in the
field of criminal law in China. Therefore, the
protection basis of personal data privacy in legal
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documents is very limited, and we cannot infer the
extent of the protection from the existing provisions
of criminal law. In the theoretical research, there is
still a lot of research space for the research of whether
the privacy right of personal data needs to be
regulated by criminal law, how to divide the
protection boundary and how to determine the
punishment. The legal protection of personal data
privacy of users of e-commerce platform has become
an important part of legislation in the new era. In
order to meet the various practical needs, the author
thinks that the legal basic framework of the way to
protect the privacy of users' personal data on e-
commerce platform should be established and
perfected as soon as possible, so as to protect the
legitimate rights and interests of all users of e-
commerce platform more effectively. Objectively
speaking, due to the progress of the times and
technology, the traditional legal protection method in
China is not enough to deal with the problems in the
transaction process of e-commerce platform, and the
protection of user rights and interests is very easy to
appear a vacuum zone. Therefore, legislators should
establish a complete legal protection system as soon
as possible, further protect the rights and interests of
users of e-commerce platform, and protect their legal
rights and interests to the greatest extent.
D. Improve the internal governance mechanism
of privacy protection of e-commerce platform
operators
Under the background that personal information
security of users of e-commerce platform has
gradually become a global problem, improving the
internal governance mechanism of privacyprotection
of e-commerce platform operators and constructing a
secure network environment plays an important role
in the protection of consumers' rights and interests.
Today, the personal information security of users in
e-commerce platform should be solved mainly: first,
the problem of data privacy prevention of users in e-
commerce platform. The establishment of
comprehensive protection system can better filter the
bad operation behavior of e-commerce platform
operators. Second, the security and confidentiality of
user data and information of e-commerce platform.
To improve the internal governance mechanism of
privacy protection of e-commerce platform operators,
we can start from the two aspects of data storage
security and information transmission security, and
combine them to prevent them together. Third, the
security of user data information in e-commerce
platform is a problem. It is more beneficial to
improve the current situation of e-commerce platform
vulnerabilities by setting up prevention mechanisms
for different types of vulnerabilities. Fourth, the
problem of data backup and recovery of e-commerce
platform users. In order to better protect the privacy
of consumers' personal data, the data backup and
recovery function of e-commerce platform should be
strengthened and improved. When the data privacy
infringement problem to be solved, data backup and
recovery will become the most direct and efficient
auxiliary means. In the future, the author should focus
on the above four issues as the main internal
governance direction to improve the privacy
protection of e-commerce platform operators and
study the corresponding governance measures in
time.
V. Conclusion
With the development of the times, the world is more
closely connected than ever before. The world and
China are in a great development, great change and
unprecedented change in a century. In view of various
problems in the development of e-commerce industry,
we should dialectically treat the issued e-commerce
law, objectively treat the favorable and negative
factors, make necessary adjustments to the problems
and loopholes, and help the development of e-
commerce. The four departments headed by the
central information office of the state network jointly
organized special governance actions for illegal use
of personal information, and the special action of
network market supervision in 2019 jointly carried
out by 8 departments such as the State Administration
of market supervision and other 8 departments fully
reflected that the data privacy governance of e-
commerce platform in China is facing many new
challenges. It is not necessary to say that the laws and
regulations related to the protection of Internet data
and privacy governance are not perfect. Therefore, we
should actively draw on foreign data protection law or
privacy law, formulate the privacy law with Chinese
characteristics, and further improve various laws and
regulations related to the data privacy governance of
users of e-commerce platform, including the personal
information protection law (Draft), and finally form
open, scientific, transparent support The legal and
regulatory system of data protection and privacy
management in the healthy network environment.
Reference:
[1] Wenjing, Ye Minying. Analysis of the
influence of e-commerce law on the
development of e-commerce industry [J].
JOURNAL OF HUNAN ADMINISTRATIVE
COLLEGE, 1009-3605 (2020) 06-0124-
06.2020-09.
[2] Fang Yu. Personal information protection under
the evolution of data value: Reflection and
International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
@ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 790
reconstruction [J]. Economic and trade legal
review 2096-6180 (2020) 06-0095-16.2020-06.
[3] Sheng Xiaoping, jiaofengzhi. Data privacy
governance from the perspective of laws and
regulations [J]. Library forum, d922.16;
D923.2020-12.
[4] Zhao Yanhong. Legal regulation of big data
monitoring measures -- A Study on privacy as
the center [j]. Jiaotong University Law,
10.19375/j.cnki.31-2075/d.2020.04.010.2020-
04.
[5] Hu Zhijie. Analysis of privacy protection in the
era of big data -- from the perspective of
privacy in the network environment [J]. Legal
exposition, d923.2020-05.
[6] Wang Yibin, Li Lingzhi, Zhang Weibin.
Consumer privacy and its protection in the
context of e-commerce [J]. Journal of
Changchun Institute of education, d923.1671-
6531 (2020) 08-0062-05.2020-08.
[7] Cao Jiayi. Problems and solutions in the
implementation of China's e-commerce law 〔J〕.
Legal system Expo, 2095-4379 - (2020) 16-
0110-02. 2020-06.
[8] Ji Leilei. Research on the protection of personal
information property rights in the era of big
data [J]. Henan Social Sciences, d912.1.2020-
11.
[9] Xu Dongdong. Jurisprudential thinking on the
protection of citizens' personal privacy in the
era of big data [J]. Legal system and society,
10.19387/j.cnki.1009-0592.2020.08.181.2020-
08.
[10] Lu Bingwan. The dilemma and
Countermeasures of extraterritorial information
privacy under the background of big data --
taking personal information control as the
breakthrough point. Intelligence magazine,
D913; D912.1.2020-12.
[11] Xia Jianqun. Research on the protection of
readers' privacy under the background of big
data [J]. Western academic journal,
10.16721/j.cnki.cn61-
1487/c.2020.16.022.2020-08.
[12] Zhang Zhaoyang. Research on the
responsibility of e-commerce platform in e-
commerce law [J]. Law and economy,
d922.294.2020, (01).
[13] Sheng Xiaoping, Yang Shaobin. Analysis on
the applicability and effect of gdpr on the
protection of personal data for open sharing of
scientific data [J]. Library and information
work, 10.13266/j.issn.0252-
3116.2020.22.005.2020-12.
[14] Liu Jinsong. The influence of e-commerce law
on the development of e-commerce industry
〔J〕. Business culture, d922.294; F724.6.2020-
12.
[15] Yan Xiaoli, yuan libing. Experience and
Enlightenment of the second anniversary of
gdpr implementation 〔J〕. Science and
technology of extraterritorial observation,
d912.1.2020-10
[16] Kelly D. Martin, Jisu J. Kim, Robert W.
Palmatier et al. Data Privacy in Retail[J].
Journal of Retailing, 2020.
[17] Martin Kelly D, Kim Jisu J, Palmatier Robert
W. et al. Data Privacy in Retail [J]. Journal of
Retailing, 2020, 96(4).
[18] Jorge Sancho, José García, Álvaro Alesanco et
al. Oblivious Inspection: On the Confrontation
between System Security and Data Privacy at
Domain Boundaries [J]. Security and
Communication Networks, 2020, 2020.
[19] SPECIAL ISSUE: A New Generation of
Statisticians Tackles Data Privacy[J].
CHANCE, 2020, 33(4).
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Research on Legal Protection of Personal Data Privacy of E Commerce Platform Users

  • 1. International Journal of Trend in Scientific Research and Development (IJTSRD) Volume 5 Issue 5, July-August 2021 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 783 Research on Legal Protection of Personal Data Privacy of E-Commerce Platform Users Changjun Wu, Xinru Wang School of Law, Beijing Wuzi University, Beijing, China ABSTRACT As a product of the information age, e-commerce platform not only changes people's daily life, but also brings unprecedented impact and infection to users' personal data privacy. Under the influence of various factors, the phenomenon of data privacy infringement emerges in endlessly and becomes more and more common. Strengthening the protection of data privacy has become an urgent problem to be solved. At present, China has initially established laws and systems on the protection of personal data privacy, but they are not enough to effectively deal with many problems that have emerged. There is still a lack of comprehensive and systematic legal provisions and specific and effective implementation measures in legislation, law enforcement and justice. How to further control the violation of users' personal data privacy has become a new challenge we need to face. Based on the relevant laws and regulations such as the e-commerce law and the civil code, this paper analyzes the value, current situation, problems and other specific contents of the personal data privacy right of the users of e-commerce platform, points out the current situation of the legal protection of the rights and interests of the users of e-commerce platform, and further analyzes its shortcomings, Based on this, this paper leads to the e-commerce platform users' personal privacy, so as to put forward countermeasures and measures, and put forward the path to improve the legal system construction. The author thinks that we should innovate the concept of data privacy protection, learn from foreign advanced experience, strengthen domestic legal protection, improve the law enforcement means and the internal governance mechanism of the platform, so as to improve the legal system of personal data privacy of e-commerce platform users in China, maintain the order of e-commerce platform, and promote the sustainable and healthy development of data economy. KEYWORDS: Data privacy; Electronic Commerce; Laws and regulations; Personal information How to cite this paper: Changjun Wu | Xinru Wang "Research on Legal Protection of Personal Data Privacy of E-Commerce Platform Users" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456- 6470, Volume-5 | Issue-5, August 2021, pp.783-790, URL: www.ijtsrd.com/papers/ijtsrd44956.pdf Copyright © 2021 by author (s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0) I. INTRODUCTION The infringement of personal data privacy of e- commerce platform users is serious, and it is urgent to improve the relevant legal protection system. This paper analyzes the current situation and problems of legal protection of e-commerce platform users' rights and interests, leads to the relevant content of e- commerce platform users' personal privacy, and expounds the relevant countermeasures and measures. According to the laws and regulations, this paper expounds the current situation of the legal protection of the users' personal data privacy of e-commerce platform, and analyzes the legislative, law enforcement, judicial and internal governance of e- commerce platform enterprises. In view of the current situation and problems of the legal protection of e- commerce platform users' personal data privacy, this paper puts forward the path to improve the legal system construction; This paper explains from four aspects: clarifying the concept definition and protection principles of e-commerce platform users' personal data privacy, improving the legal protection system of e-commerce platform users' personal data IJTSRD44956
  • 2. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 784 privacy, formulating the supervision methods and legal regulation means of e-commerce platform users' personal data privacy, and strengthening the awareness and ability construction of users' personal information protection. In the era of big data, human beings are always coerced in the turbulent wave of electronic information technology. Our daily life and big data are interrelated and inseparable. With the Internet as the media, the extensive use of personal information has become an important part of people's communication. In the process of compiling the civil code of the people's Republic of China (hereinafter referred to as the civil code), we have fully considered the background of the era of big data. In order to fully meet the needs of social reality, our legislature has proposed a new system: personal information protection system. This move shows that the state attaches great importance to the privacy of personal data of public platform users. However, at this critical period of great development, great change and great adjustment, its legal status is not clear. Therefore, scholars in China's legal circles have launched a heated discussion based on the "e- commerce law of the people's Republic of China" (hereinafter referred to as the "e-commerce law"), To guide judicial practice with legal theory and provide comprehensive legal protection for users' personal data privacy. Based on the civil code, the e-commerce law and the data security law, this paper takes the privacy and legal protection of personal data of users of e-commerce platform as the research object, analyzes and discusses the theory and practice of the privacy and legal protection of personal data of users of e-commerce platform combined with relevant legal theories, and puts forward some suggestions on improving the legislative system, law enforcement and legal protection The Countermeasures of judicial protection system aim to improve the theoretical analysis of personal data privacy and legal protection of e-commerce platform users, so as to better protect the implementation of civil code, e-commerce law and relevant laws and regulations. A. Background of topic selection This paper relies on big data technology as the background, as a mass of data aggregation, came into being a new way of data analysis beyond people's imagination. In our real life, e-commerce platform is the product of demand in the context of big data. It provides an extremely convenient communication channel for e-commerce transactions and promotes the rapid development of e-commerce. But in recent years, while electronic information technology provides convenience for people, personal data information is also facing the risk of being mined, disclosed and processed. At present, the existing forms and systems of personal information protection cannot keep up with the new situation of the rapid development of digital industry in the data era. The fragmentation of relevant laws and regulations, the lack of supervision, and the weak self-protection awareness of citizens are very prominent. It is still a long way to go to maintain the privacy and security of personal data of users of e-commerce platform. B. Research significance 1. Theoretical significance First, further deepen the theoretical research on the right of personal data privacy of e-commerce platform users, excavate the theoretical basis of the "e-commerce law" on the right of personal data privacy of e-commerce platform users, and improve the research field of the right of personal data privacy of e-commerce platform users combined with the specific content of the "Civil Code". Secondly, it summarizes the close relationship between the civil code, e-commerce law and other domestic laws and regulations, explores the basic concept of personal data privacy of e-commerce platform users, and promotes the construction and improvement of the theoretical framework and structure. According to the legislative concept of "e-commerce law" and the needs of social reality, this paper explores new research fields in the era of big data. This topic further expands the theoretical research on the personal data privacy of e-commerce platform users, explores and demonstrates the basic principles, concepts and scientific framework of the personal data privacy of e-commerce platform users. 2. Practical significance In the field of legislation, it provides legislative ideas for improving the legal protection of users' personal data privacy in e-commerce platform, and promotes the judicial interpretation of users' personal data privacy in e-commerce platform, so as to continuously improve the construction of China's legal system. In the judicial field, starting from the relevant concepts of the "e-commerce law" and combining with the relevant laws and regulations at home and abroad, this paper further defines the personal data privacy right of users of e-commerce platform, so as to provide valuable reference for the court to settle disputes and stop disputes, so as to further ensure the fairness and justice of the case trial and maintain the judicial justice and order. In the field of law enforcement, we should pay more attention to the infringement of users' personal data privacy by strengthening the e-commerce platform, strengthen the supervision and management of e-commerce
  • 3. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 785 platform, refine the implementation of law enforcement steps, and improve the law enforcement quality and level of administrative law enforcement personnel. This topic and related research results or conclusions can provide scientific basis for the legal protection of personal data privacy of e-commerce platform users, provide scientific countermeasures for relevant legislation, law enforcement, justice and e- commerce enterprise platform governance, and put forward legal, reasonable and feasible legal system construction and improvement scheme. II. Status quo of legal protection of personal data privacy of e-commerce platform users E-commerce platform refers to the legal person or unincorporated organization that provides relevant information services for the main body in the e- commerce transaction business for the main body to carry out the transaction business independently. E- commerce platform is the backbone of participating in the regulation of market economy, and its unique data advantage constantly stimulates the main bodyof e-commerce platform to have a sense of attachment to it. Therefore, e-commerce platform has gradually become an important choice and basis for the trading body to carry out e-commerce activities. However, at the same time, the virtual platform also has the derivative problems of consumer data privacy protection and related rights abuse. In recent years, with the rapid development of Internet, there are a large number of managers, operators and consumers in e-commerce platform, with a wide range of distribution and strong concealment of illegal acts, which continue to threaten the healthy development of e-commerce industry. With the continuous improvement of the core technology of e-commerce platform, its influence and control on operators and consumers are increasingly strong. The "e-commerce law" promulgated in early 2019 defines e-commerce platform as "operator" and stipulates responsibilities and obligations, which indicates that e-commerce platform has acquired the status of "managed subject" in the legal sense. However, in real life, e-commerce platform as the main body does not always play the role of being managed. Because it also has some functions of economic management, it is difficult to be fully covered by the legal identity of "operator". It can be seen that e-commerce platform is in urgent need of further carding and adjustment at the legal level due to its special subject status. A. E-commerce law and the status quo of user's personal data privacy protection 1. The subject of registration is not clear Before the implementation of the "E-commerce Law", business license is not required to engage in trading activities on the e-commerce platform, and all independent entities can operate on their own according to their needs. Since the promulgation of the "e-commerce law", online operators must register with the designated industrial and commercial departments according to the regulations. This rigid regulation not only standardizes the subject identity of China's online operators, but also provides many offline operators with opportunities for fair competition. However, this requirement does not specify the registration subject of e-commerce platform, which also makes the subject status of many personal business activities such as purchasing agent unclear. Because these operators are not clear about their subject identity, they have to choose to publish relevant product information on Wechat, microblog and other public social networking platforms for online transactions, which greatly increases the risk of infringement on the personal data privacy of platform users. As China's "e-commerce law" does not provide for the registration of this type of business entities, individual business activities do not need to be registered in industry and commerce. With its low price and convenient procedures, this behavior continues to attract a large number of consumers in China. The network fraud, fake and shoddy product transactions, personal data privacy leakage and other phenomena caused by the rise of a large number of e- commerce platform users suffer, but it is difficult to get effective rights protection. With the rapid development of online social media in China, similar e-commerce platforms are widely known and downloaded by the public. If such business entities are not regulated by law, the legitimate rights and interests of China's e-commerce market and e- commerce platform users will be difficult to be effectively protected. 2. There are some oversight in the supervision of unfair competition With the passage of time, many operators on e- commerce platform have good reputation, high reputation and good product quality. Because they have been operating on e-commerce platform for a long time, they have strong competitiveness. But the Internet environment is complex, such as good business status of users often face the invasion of unscrupulous business unfair competition. After receiving the fees, some "professional evaluators" will make these e-commerce platform users who participate in normal trading behavior suffer from the adverse impact of negative evaluation by means of excessive bad evaluation. At the same time, operators who do not have outstanding business status and effect will choose to employ "professional reviewers" to make false beautification evaluation on their
  • 4. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 786 products, and cheat consumers to trade by deception, which seriously affects the healthy and normal operation of e-commerce platform. Although the E- commerce Law has made rigid provisions to stop the system of false comments, there are still many such unfair competition behaviors that have not been involved and standardized, so it is difficult to effectively supervise such behaviors. B. The legal system of tort liability and the status quo of the protection of users' personal data privacy Although e-commerce platform provides people with a faster and more convenient wayof transaction, there is no clear provision on the tort liability of Internet platform subject to tort The relevant provisions in the tort liability section of the civil code have filled this gap, which provides a strong support for whether to bear the tort liabilityof e-commerce platform. Among them, the division of the relevant standards of tort liability, Chinese scholars will be summarized into the following two provisions, first, prompt provisions or "notice and delete" provisions. If the main body of e-commerce platform wants to avoid taking corresponding responsibilities, it needs to take timely and effective measures after receiving reports or complaints. Second, know the rules. That is to say, if the manager of the e-commerce platform knows that the user of the e-commerce platform divulges other people's data privacy or invades other people's legitimate rights by using his Internet system, and fails to stop the loss in time, and takes effective measures to stop the loss, he shall bear the corresponding joint and several liability with the user. Although these two rules provide the principle guidance for the assumption of Internet tort liability, it is obviously not enough to deal with the complex and changeable Internet environment, and it is still necessary to conduct in-depth discussion. C. The status quo of the protection of users' personal data privacy in "network security law" First of all, "Network Security Law" has carried on the detailed stipulation to each link of network security protection. The network operation, information security, supervision and punishment and other aspects are provided with general and special provisions. The responsibilities, obligations and corresponding punishment measures of different subjects are also clarified. Secondly, "Network Security Law" has carried on the concrete elaboration to the basic principle. With the promulgation and implementation of the law, the information governance requirements scattered in various regulations, policies and documents have been clearly and systematically elaborated, which further affirms the guiding concept of network security from the perspective of legal theory. Finally, the "Network Security Law" has made significant innovations in specific measures. This fills in the defects of unclear responsibility of information security supervision and management of Internet platform for a long time in China, solves the problems of mutual shirking responsibility in the past to a certain extent, and strengthens the supervision and management of network transactions. The law has different types of supervision methods, which reduces the negligence and abuse of power of the staff of the supervision department, and improves the implementation efficiency of the management department. These detailed regulations provide effective legal support for the security protection of users' personal data privacy. III. The existing problems of the legal guarantee system of the privacy right of big data in e-commerce platform A. The legislative protection mechanism needs to be improved From the constitutional perspective, as a basic human right to privacy, has become the basic rights of citizens are clearly defined, which not only reflects that the right of personal privacy can never be infringed illegally, but also shows that the Constitution provides the most direct basis for other departments to improve the legislation on privacy rights at the basic legal level. But the scope of legal protection at macro level can involve and adjust is limited after all. How to further improve and develop it in practice has become an urgent problem. At present, there are two main legislative measures to be taken in China: first, the law on the protection of personal information is formulated to conform to the international legislative trend of personal privacy information protection. The basic goal is to unify standards and have basis for the law; Secondly, the article makes a detailed analysis of the provisions of the protection of the right to privacy in administrative law, aiming at enhancing the practical operability. But at present, this cannot solve the various problems faced by the right of data privacy in real life. How to solve the life problems more pertinently in the legislative level needs further consideration. From the perspective of civil law, we can see that the right of privacy has been clearly defined as a basic right enjoyed by people in the civil code (general provisions). However, the establishment of the concept of privacy is obviously lagging behind social practice, and the establishment of tort liability is not clear. We should further strengthen the definition and extension of privacy in the current civil legislation, so
  • 5. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 787 as to make a classification in practice, so as to facilitate the correct understanding and correct application of the majority of citizens. Finally, from the perspective of criminal law, we should make corresponding legislation perfect: first, the current criminal law only takes the information crime carried out by the unit as the main body, as the main component of the crime of illegally providing personal information for citizens, which is obviously not conducive to the fight against the crime of natural person information. The author thinks that the main body of crime can be expanded into the general crime subject. Secondly, the object of infringement on the crime of illegally stealing computer information is limited to the high-tech field, and the general communication computer information system is still in a neglected stage, which is very unfavorable to the fight against the crime in the field of computer information. Third, according to the current criminal law of our country, the crime of violating the freedom of communication does not meet the trend of social science and technology development within the scope of protection within our ability. Modern communication and communication methods should be included. B. The law enforcement and protection mechanism needs to be improved With the advent of big data age, managers and providers providing e-commerce platform services can draw their preferred paths according to user browsing traces. Then, the bad placement of targeted advertising brings more and more threats to the privacy of personal data of e-commerce platform users. Although in some current legal documents, the situation that can be found as "using personal information without user permission" indicates that the use of user personal information and algorithms to direct push information. But in the process of practice, it is difficult to really protect the rights and interests of users. According to the current regulations, in the process of protection, as long as it does not seriously affect the life of the plaintiff, even if the defendant's infringement infringes the plaintiff's legal rights and interests (the right to data privacy), the plaintiff's claim for damages will not be confirmed. C. The judicial protection system needs to be reformed The position of the managers, operators and consumers of e-commerce platform is very different, and the single judicial supervision approach cannot achieve the efficient restriction. The occurrence of large-scale tort has to be reflected. Should the violation of the prohibition be stopped by civil damages? Should administrative punishment be given to serious violators, or even to investigate their criminal responsibility? The author believes that the diversified supervision path can effectively guarantee the healthy development of e-commerce platform and e-commerce industry. In addition, in the era of big data, the public authority department should also be the active controller of user personal information, and should actively fulfill the obligation to protect citizens' personal information rights and interests from direct or indirect infringement. Of course, the characteristics of information technology cannot be ignored. It determines that a single judicial supervision path cannot provide long-term and effective protection for personal information. Therefore, the author thinks that the protection of personal data privacy should build a comprehensive supervision mode of public-private law. The functions of the laws of each department should be fully exerted to realize the judicial supervision mechanism of internal unity and system coordination. D. Internal governance of e-commerce platform enterprises needs to be strengthened The problem of short board in e-commerce platform enterprises in China is especially prominent. The problems in practice will often play a great role in promoting the legislation of e-commerce in China. It is necessary to mention that the current e-commerce law does not perfect the regulations on operators in the e-commerce platform. In some clear and visible issues, operators should first abide by the provisions of the current law. If the current law does not, some reasonable judicial interpretation can be applied to specific cases. In this regard, the author also puts forward some personal opinions on the specific situation after the promulgation of the e-commerce law. First, we can clearly stipulate the qualification review obligations of e-commerce platform operators, and improve the registration system and regular verification related provisions according to the current situation. Secondly, it can be an effective way to construct complaint mechanism to facilitate the daily supervision and inspection of specific information in e-commerce platform. In this case, we should perfect the information publicity system of operators and classify and register credit grades. Finally, we can regularly submit the identity information of the merchants and the matters related to tax payment to the relevant departments of the state for further supervision and management.
  • 6. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 788 IV. The way to perfect the legal guarantee system of privacy of personal data of users on e-commerce platform A. Improve the legislation of privacy protection of platform users' personal data 1. Innovation of personal data privacy protection concept in information data sharing platform Although the newly issued civil code has made provisions on personal data information being protected by law, compared with the relevant research of EU, the following deficiencies in domestic theoretical research in China need to be further improved: (1) At present, there are unclear boundaries and overlapping of different legal documents in China, The terms and regulations of the same or similar content are not completely unified, which is very unfavorable to the mutual connection and coordination of rights and obligations of all parties within the e-commerce platform.(2) The subject that needs to regulate rights and obligations in e- commerce platform is not comprehensive, and it does not make special emphasis on the behavior subject which is easy to disclose user data information.( 3) The provisions on rights and obligations are too principled, not concise and targeted.(4) There is no formal and operational judicial remedy. Therefore, China should further explore the theory and focus on the establishment of a more comprehensive and sound legal system for personal data privacy protection. We can promulgate the special legal documents such as personal information protection law and data security law as soon as possible, and clarify the rights and obligations of users of e-commerce platform to their data information. 2. Combine the national conditions of China with the advanced legislation experience abroad From the perspective of law to social governance, China should build a dual track protection system of personal information and a system of personal information rights and interests of data sharing by referring to the legislative concept of The EU General Data Protection Regulations (GDPR). At the same time, we should realize that although The EU General Data Protection Regulations (GDPR) regulates and restricts the protection of personal data, the content of privacy protection of personal data shared by EU and China still has great limitations. At present, only anonymous data information can be shared or data information agreed by data subject can be achieved. However, The EU General Data Protection Regulations (GDPR) provides a typical legal framework for the protection of personal data privacy, which is of great reference value for the effective implementation of personal data privacy protection measures for users of e-commerce platform in China. B. Improve the law enforcement and protection mechanism of privacy of platform users' personal data At present, it can be clear in legislation that determining the standard of damages is one of the effective regulatory methods in the current law. Some scholars in China think that "the cost of safeguarding rights is higher and the amount of compensation is low" is the most prominent problem in the protection of personal information in civil cases. Because of the lack of strong legal documents as guidance in legislation, the court in practice requires the infringer to apologize for the apology, but in fact, there is little demand for damages. After investigation, there are two ways to compensate for the damage caused by the infringement of data privacy of users on e- commerce platform: one is to compensate according to the amount of loss. Secondly, according to the profit of the infringer, the compensation shall be made in a fixed proportion. In the era of big data, information subject can easily obtain huge property benefits from infringement. However, due to the unequal information and frequent data theft, it is difficult for users of e-commerce platform to find their infringement in time. Therefore, from the effective containment and prevention point of view, for malicious infringement of e-commerce platform user information for profit (especially data privacy), we should learn from foreign countries to pay great attention to the punishment methods in personal information protection, and integrate it into the punitive compensation system to protect the legitimate rights and interests of users in the vulnerable e-commerce platform. C. Strengthen the judicial protection mechanism of the privacy of user personal data Judicial organs should attach importance to the trial of infringement disputes on user data rights and interests. When correctly identifying the platform for collecting user information in a case, it is obliged to make clear to users, and also have the obligation of keeping personal information confidential. Personal data often has different definitions in different fields, institutions or scholars' perspectives. Personal data is also called personal information. Personal data right refers to the real rights and interests that the subject can independently decide in the process of collecting and using the data about himself or her. According to some scholars' opinions, the main attribute of personal data right is personality right or property right. At present, the civil code of China has some corresponding provisions on the protection of personal information, but it is rarely studied in the field of criminal law in China. Therefore, the protection basis of personal data privacy in legal
  • 7. International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470 @ IJTSRD | Unique Paper ID – IJTSRD44956 | Volume – 5 | Issue – 5 | Jul-Aug 2021 Page 789 documents is very limited, and we cannot infer the extent of the protection from the existing provisions of criminal law. In the theoretical research, there is still a lot of research space for the research of whether the privacy right of personal data needs to be regulated by criminal law, how to divide the protection boundary and how to determine the punishment. The legal protection of personal data privacy of users of e-commerce platform has become an important part of legislation in the new era. In order to meet the various practical needs, the author thinks that the legal basic framework of the way to protect the privacy of users' personal data on e- commerce platform should be established and perfected as soon as possible, so as to protect the legitimate rights and interests of all users of e- commerce platform more effectively. Objectively speaking, due to the progress of the times and technology, the traditional legal protection method in China is not enough to deal with the problems in the transaction process of e-commerce platform, and the protection of user rights and interests is very easy to appear a vacuum zone. Therefore, legislators should establish a complete legal protection system as soon as possible, further protect the rights and interests of users of e-commerce platform, and protect their legal rights and interests to the greatest extent. D. Improve the internal governance mechanism of privacy protection of e-commerce platform operators Under the background that personal information security of users of e-commerce platform has gradually become a global problem, improving the internal governance mechanism of privacyprotection of e-commerce platform operators and constructing a secure network environment plays an important role in the protection of consumers' rights and interests. Today, the personal information security of users in e-commerce platform should be solved mainly: first, the problem of data privacy prevention of users in e- commerce platform. The establishment of comprehensive protection system can better filter the bad operation behavior of e-commerce platform operators. Second, the security and confidentiality of user data and information of e-commerce platform. To improve the internal governance mechanism of privacy protection of e-commerce platform operators, we can start from the two aspects of data storage security and information transmission security, and combine them to prevent them together. Third, the security of user data information in e-commerce platform is a problem. It is more beneficial to improve the current situation of e-commerce platform vulnerabilities by setting up prevention mechanisms for different types of vulnerabilities. Fourth, the problem of data backup and recovery of e-commerce platform users. In order to better protect the privacy of consumers' personal data, the data backup and recovery function of e-commerce platform should be strengthened and improved. When the data privacy infringement problem to be solved, data backup and recovery will become the most direct and efficient auxiliary means. In the future, the author should focus on the above four issues as the main internal governance direction to improve the privacy protection of e-commerce platform operators and study the corresponding governance measures in time. V. Conclusion With the development of the times, the world is more closely connected than ever before. The world and China are in a great development, great change and unprecedented change in a century. In view of various problems in the development of e-commerce industry, we should dialectically treat the issued e-commerce law, objectively treat the favorable and negative factors, make necessary adjustments to the problems and loopholes, and help the development of e- commerce. The four departments headed by the central information office of the state network jointly organized special governance actions for illegal use of personal information, and the special action of network market supervision in 2019 jointly carried out by 8 departments such as the State Administration of market supervision and other 8 departments fully reflected that the data privacy governance of e- commerce platform in China is facing many new challenges. It is not necessary to say that the laws and regulations related to the protection of Internet data and privacy governance are not perfect. 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