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Data Protection in the Era of Algorithmic Pricing: A Comparative Analysis of the USA, EU, and China

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  • Cui, Hao

Abstract

In the era of algorithmic pricing, there is increasing recognition of the importance of data security. Various countries have begun to establish their own data protection regimes. The most widely discussed are the radically different regimes in the EU and the US, while China has taken a unique direction in data protection development after absorbing the experiences of both Europe and the US and combining them with its own political characteristics. This paper explores the relationship between algorithmic pricing and data protection, and argues for the development of a data protection regime to address data security challenges in the era of algorithmic pricing. Through comparative legal research, this paper compares the data protection legal regimes of the European Union, the United States and China from three perspectives: legal principles, international impact and case applications. Through comparative analyses, this paper concludes that a comprehensive data protection regime is more effective than data regulations scattered in various documents. By studying the comparative analysis of three countries, especially the international impact of the EU data protection regime, this paper concludes that a global data protection standard can be recognised and summarised. Such a standard should have four basic elements: 1) the comprehensive empowerment of data subjects, 2) effective and independent intervention by supervisory authorities, 3) a strict ex ante preventive review mechanism, and 4) a satisfactory ex-post relief system. This paper suggests that each country’s data protection system can be designed with reference to this standard and in the light of the specific conditions of the country. In summary, the comparative analyses in this paper provide new perspectives for an in-depth understanding of the changes in data protection legal regimes in different countries in the era of algorithmic pricing. This will help promote more effective data protection laws and policymaking around the world.

Suggested Citation

  • Cui, Hao, 2023. "Data Protection in the Era of Algorithmic Pricing: A Comparative Analysis of the USA, EU, and China," OSF Preprints g6z3h, Center for Open Science.
  • Handle: RePEc:osf:osfxxx:g6z3h
    DOI: 10.31219/osf.io/g6z3h
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