Platforms with public infrastructure properties should have positive data interoperability obligations

Lu Laoming, a professor at the School of Law of Beijing University of Technology and the president of the Beijing Law Society E -Commerce Rule of Law Research Association, believes that the platform interconnection involves two types. One is the interoperability of users on different platforms, such as the interconnection between Alipay and WeChat; The other is the openness of data, that is, the platform opens its own data to other platforms and operators.

Large -scale platform -specific behaviors must be interconnected, and other aspects are advocated in principle

Lu Laoming said that as the main body of the market, the platform has the right to choose its own business model, and has the right to choose to use data openness, data closure or other intermediate forms. "But at the same time, we should also see that different from ordinary enterprises, platforms, especially large Internet platforms, have collaborative or assisted to participate in network governance or the identity attributes of the head supervisor. In the formulation of platform rules, it can also supervise and govern users and operators in the platform. Therefore, in modern society, the platform is not a pure market entity. In the process of social collaboration, it is in the position of third -party governance. Public functions, and with the technical advantages and huge data of the platform, the attributes of public facilities are more obvious. "Lu Laoming said that based on public facilities attributes and goals of interconnection, they should restrict their business rights and require these to require these The platform cannot fully use its own data, information, resources, and technical advantages to be closed unlimited, thereby restricting competition, restricting the prospects of Internet development and weakening the enthusiasm of investment innovation.

How to balance the relationship between the business autonomy of the Internet platform, the Internet innovation, and interconnection, and Lu Laoming believes that except for the "Anti -Monopoly Law of the People's Republic of China" and the "Anti -Unfair Competition Law of the People's Republic of China" clearly restricted and prohibited regulations, (For example, the rejection of transactions in the Anti -Monopoly Law, the malicious prohibition of the "Anti -Unfair Competition Law"), do we want to set up the obligation of interconnection of platform interconnection in a general sense, and that interconnection should be advocated through advocacy. The implementation of the way is still forced to implement. This is the problem that we need to determine the need for platform interconnection in the next stage.

In this regard, Lu Laoming believes that in addition to the law clearly prohibited or specific situations, the current platform interconnection should be promoted in principle in accordance with the "advocacy" idea. At present, promoting interconnection and opening up, on the one hand, we must consider protecting all parties with legitimate interests, on the other hand, it is not allowed to set up walls at will and use advantages for closed and exacerbated monopoly. For specific types of behavior requirements, open interconnection must be performed. In other aspects, in principle, an advocate method is adopted to promote interconnection.

You can guide the distribution of traffic equity between the platform through an agreement.

Lu Laoming also said that in the process of promoting platform interconnection, it may involve the problem of flow flow, which involves the protection of the existing platform traffic related rights and interests.

"In the case of interconnection, it will cause some traffic changes and flow. Some platforms are worried that once it is open, the flow flows to other platforms." ? "Lu Laoming said," It can guide the platform to allocate the traffic rights through the agreement to achieve the purpose of interconnection. "

The real -time communication platform with the nature of public infrastructure should have positive data interoperability obligations

"Data" is an important issue for interconnection and open platform opening. Lu Laoming said that according to the "People's Republic of China" and other relevant laws, my country's law has recognized the "rights and interests" attributes of data. In the case of protection of data equity, the value of data can be used to greaterly use the connection.

Regarding the balance of data openness and protection of rights and interests, Lu Laoming said that first of all, data openness cannot harm user rights and interests; secondly, under specific circumstances, it depends on the scope, extent, and purpose of the platform for related data ban; The scale and degree of development should specifically consider the impact of interconnection on platform rights.

"For example, in the" Regulations on the Management of Network Data Security (Draft for Opinions) "issued by the State Cyber ​​Information Office last year, it is mentioned that the obligation to require data interoperability for the real -time communication platform." Lu Laoming believes that this does not mean that all platforms must bear data to bear data The obligation to communicate does not mean that all platforms can be completely banned. This means that the number of users with a huge number of users and the real -time communication platform with the nature of public infrastructure should bear positive data interoperability obligations. At the same time, under the obligation of data interoperability, it does not mean that the platform's data rights cannot be protected. Instead, we should obtain a legal balance between data rights and data interoperability. This is also a problem that we need to pay attention to long -term attention in future Internet governance.

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Edit: Liu Liyuan

Editor in charge: He Yi

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