论电商平台交易行为中告知同意规则的适用

On the Application of the Informed Consent Rule in the Transactional Behavior of E-Commerce Platforms

摘要: 电商经济高速发展的今天，通过电商平台达成的交易行为越来越方便快捷，与此同时，消费者从在电商平台注册为平台用户开始，便不断地将自己的个人信息授权于电商平台、电商经营者等各个信息处理者进行采集、使用，这无疑会大大提高消费者个人信息受到不当利用等损害的风险。告知同意规则作为个人信息保护领域的“帝王规则”通过明确信息处理者的告知义务，使得信息主体能够对其个人信息将以何种方式参与个人信息处理进行了解、掌握并以此为基础做出同意。尽管通过类似用户知情协议、告知书等方式提高了消费者在享受产品、服务时对其个人信息的掌握，但不可否认的是，电商平台的告知同意规则适用过程中仍面临着一定的困境，电商平台对于应告知的事项、范围以及时间点都尚存在不明晰的情况。应当正确认识到，电商经济更快更好地发展离不开一个能够令消费者信赖的交易环境，因此，推进个人信息保护领域中发光发热的告知同意规则在电商平台交易行为中的适用，对促进电商经济繁荣稳定具有重要意义。

Abstract: Today, with the rapid development of e-commerce economy, transactions reached through e-commerce platforms are becoming more and more convenient and fast; at the same time, from the time a consumer registers as a user of an e-commerce platform, he or she constantly authorizes the e-commerce platforms, e-commerce operators, and other information processors to collect and use their personal information, which undoubtedly increases the risk of the consumer’s personal information being improperly utilized and other damages. The notification of consent rule, as an “imperial rule” in the field of personal information protection, makes it possible for the subject of information to know and understand the manner in which his or her personal information will be processed by the information processor by clarifying the information processor’s obligation to notify the subject of information, and to consent to the processing of his or her personal information based on such information. Although the user informed agreement, notice and other forms of ways to improve the consumer in the enjoyment of products and services on their personal information, undeniably, the e-commerce platform to inform the consent rules is still faced with certain difficulties in the process of application of the e-commerce platform for the matters to be informed, and the scope of the time and the point of time are not yet clear situation. It should be correctly recognized that the faster and better development of the e-commerce economy cannot be separated from a transaction environment that can be trusted by consumers; therefore, it is of great significance to promote the application of the notification of consent rule, which has been glowing in the field of protection of personal information, in the transaction behavior of e-commerce platforms to promote the prosperity and stability of the e-commerce economy.