The original intention of the algorithmic recommender system is to grapple with the negative impacts caused by information overload,but the system also can be used as"hypernudge",a new form of online manipul...The original intention of the algorithmic recommender system is to grapple with the negative impacts caused by information overload,but the system also can be used as"hypernudge",a new form of online manipulation,to inten⁃tionally exploit people's cognitive and decision-making gaps to influence their decisions in practice,which is particu⁃larly detrimental to the sustainable development of the digital market.Limiting harmful algorithmic online manipula⁃tion in digital markets has become a challenging task.Globally,both the EU and China have responded to this issue,and the differences between them are so evident that their governance measures can serve as the typical case.The EU focuses on improving citizens'digital literacy and their ability to integrate into digital social life to independently ad⁃dress this issue,and expects to address harmful manipulation behavior through binding and applicable hard law,which is part of the digital strategy.By comparison,although there exist certain legal norms that have made relevant stipula⁃tions on manipulation issues,China continues to issue specific departmental regulations to regulate algorithmic recom⁃mender services,and pays more attention to addressing collective harm caused by algorithmic online manipulation through a multiple co-governance approach led by the government or industry associations to implement supervision.展开更多
As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃...As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃ments and to regulate the data processing subjects'behaviour.The civil legal norms to participate in the data market regulation are introduced,and a right-protected mode with the obligation norms of data controllers as the core is started by GDPR.However,from the perspective of GDPR's global enforcement effectiveness,as an export-orientated global standard and protection framework,the power regulation model of the EU's single digital market is facing the in⁃novative incentives of data market expansion and the tension of human rights protection.A more modest and moderate data governance regulation model has been opened by a new round of the EU digital market regulation.The legal sce⁃narios transition and digital platforms regulation more fit the regulatory demand and development goals of global digital economy development.The EU's determination to enhance the global digital market share and competitiveness is dem⁃onstrated.For China,the impact and security risks of the new round should be evaluated carefully,drawing on the ex⁃perience of the technical standpoint and institutional framework and regulatory rules of the EU digital market regula⁃tion,providing the regulatory models and Chinese solutions to respond to the EU digital market regulation,and enhanc⁃ing Chinese institutional discourse and rule-making leadership in the global digital economy.展开更多
文摘The original intention of the algorithmic recommender system is to grapple with the negative impacts caused by information overload,but the system also can be used as"hypernudge",a new form of online manipulation,to inten⁃tionally exploit people's cognitive and decision-making gaps to influence their decisions in practice,which is particu⁃larly detrimental to the sustainable development of the digital market.Limiting harmful algorithmic online manipula⁃tion in digital markets has become a challenging task.Globally,both the EU and China have responded to this issue,and the differences between them are so evident that their governance measures can serve as the typical case.The EU focuses on improving citizens'digital literacy and their ability to integrate into digital social life to independently ad⁃dress this issue,and expects to address harmful manipulation behavior through binding and applicable hard law,which is part of the digital strategy.By comparison,although there exist certain legal norms that have made relevant stipula⁃tions on manipulation issues,China continues to issue specific departmental regulations to regulate algorithmic recom⁃mender services,and pays more attention to addressing collective harm caused by algorithmic online manipulation through a multiple co-governance approach led by the government or industry associations to implement supervision.
基金The special project of Anhui Philosophy and Social Science Planning Project(AHSKXZX2021D03)。
文摘As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃ments and to regulate the data processing subjects'behaviour.The civil legal norms to participate in the data market regulation are introduced,and a right-protected mode with the obligation norms of data controllers as the core is started by GDPR.However,from the perspective of GDPR's global enforcement effectiveness,as an export-orientated global standard and protection framework,the power regulation model of the EU's single digital market is facing the in⁃novative incentives of data market expansion and the tension of human rights protection.A more modest and moderate data governance regulation model has been opened by a new round of the EU digital market regulation.The legal sce⁃narios transition and digital platforms regulation more fit the regulatory demand and development goals of global digital economy development.The EU's determination to enhance the global digital market share and competitiveness is dem⁃onstrated.For China,the impact and security risks of the new round should be evaluated carefully,drawing on the ex⁃perience of the technical standpoint and institutional framework and regulatory rules of the EU digital market regula⁃tion,providing the regulatory models and Chinese solutions to respond to the EU digital market regulation,and enhanc⁃ing Chinese institutional discourse and rule-making leadership in the global digital economy.
