Book

Description

China has been striving to succeed in internet commerce, a domain in which online behavioral advertising is a key component. However, there is no law to address online behavioral advertising in China. This loophole allows companies to benefit from people’s online activities, and it invades the right of people to control their personal information. To balance the needs of developing internet commerce and the protection to personal information, this paper suggests China should learn lessons from the U.S. that mainly rely on the self-regulation in online behavioral advertising. The second part of this paper overviews the development and current situation of the Internet commerce industry in China, especially the online behavioral advertising industry. The third part reviews and analyzes the laws relevant to protect individual’s privacy right, the online behavioral advertising self-regulation and the judicial practices in China, and raises the issue that a conflict between the need to develop the Internet commerce and the protection to the personal information. The fourth part discusses how the United States deals with online behavioral advertising, and the analysis focuses on how the self-regulation system works in the U.S. Finally, this paper goes back to China, suggesting China should learn the experience from the U.S. to develop the self-regulatory system.