数据交易平台安全保障义务的规范构造

Purpose/SignificanceIn order to promote the compliance management of trading places in the era of digital intelligence and create a safe and credible circulation environment, it is particularly important to design the system around the security obligations of operators of data trading platforms.Method/ProcessAs a new business place, the data trading platforms operators security obligations can be justified by the theories of profit reward, control power and trust protection.Result/ConclusionFrom traditional business premises, e-commerce platform to data trading platform, due to the differences in risk control power of operators and other factors, the three show a type sequence of increasing security obligations and civil liability levels. The security obligations of data trading platform operators should include pre-, mid-and post-transaction obligations such as qualification examination, providing a safe and reliable trading environment and recording trading traces. When other infringers are involved, the determination of the liability form of the data trading platform should be standardized and continued through part of joint liability, so as to reasonably determine the civil liability of the operators of the data trading platform.