Empirical Study and Regulatory Path of Data Authorization Clauses in Platform Service Agreements

Based on the empirical analysis of service agreements of several online platforms, this paper discusses the current situation and problems of data authorization clauses. By constructing a data authorization modes categorization matrix and a compliance assessment index system, it is found that data authorization clauses generally exist in the problems of grossly unconscionable, insufficient fulfillment of duty to call attention and gaps in subsequent regulatory provisions. Therefore, the paper proposes standardization path in three dimensions: before, during and after the establishment of the agreement, emphasizing that the data authorization clauses should satisfy the two important elements of “appropriate form” and “fairness in substance”, and provide a solid guarantee for the subsequent supervision of user data on the platform.