With the advent of the era of big data, the utilization rate of data in business activities is getting higher and higher, and the competition is also getting bigger and bigger, and the disputes about data among operators of e-commerce platform are also increasing. At present, there is a relative lack of laws and regulations on data rights and interests of e-commerce platform operators in China. E-commerce platform operators do not have specific and in-depth clarity on data collation, collection and processing, which is not comprehensive. With the rapid development of big data in European and American countries in the 20th century, the corresponding laws and regulations and theoretical academic research also appear. China can study the similarities, which has great reference significance for the development of big data and the improvement of laws and regulations in China. This paper will investigate and study the data rights and interests of e-commerce platform operators, and deeply analyze the characteristics, attributes, protection mode and basic principles of data rights and interests, especially the legal regulation of e-commerce platform operators' data rights and interests. Combined with the law of e-commerce, the law of data security, the law of network security, the law of personal information protection and other relevant legal theories, this paper analyzes the data rights and interests of e-commerce platform operators, discusses the legal protection and implementation practice of the data rights and interests, and puts forward some countermeasures to improve the legislation, law enforcement and judicial protection. For the boundary coordination between operator data and user data of e-commerce platform, this paper analyzes and divides the boundary, and puts forward relevant improvement countermeasures. China needs to speed up the improvement of e-commerce platform operators' data rights and interests protection legislation, improve the regulation of e-commerce platform operators' unfair competition behavior; Improve the legal regulation of data monopoly of e-commerce platform operators, bring enterprise data into the adjustment scope of anti-monopoly law, and investigate the legal responsibility after data monopoly; The data rights of the operators of e-commerce platform should be given clearly; Improve the allocation of data legal liability of operators of e-commerce platform.
E-commerce platform operator; Data rights and interests; Legal regulation
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