Did this happen to you too?
When you download and use the app for the first time, you always have to click the "I have read and agree to the user agreement and privacy policy" option. If you don't click "Agree", you will not be able to use it. Have you read the tens of thousands of words of the app user agreement?
Do you understand the key terms in the agreement?
It was originally based on the protection of users' right to know and consent, but now it is annoying because of the lengthy text agreement.
How can the App User Agreement improve the user experience?
As an important manifestation of personal information processors following the principle of openness and transparency, the App User Agreement is an important means to ensure individual users' right to know.
At the same time, it also plays an important role in restraining the personal information processing behavior of platform companies and cooperating with supervision.
The user agreement seems to be complete and detailed, but in fact it is long, complex and difficult to understand, which is far beyond the acceptable range of ordinary users.
Either agree to use or not agree to no longer use the product service, this is the "unilateral logic" of the App User Agreement.
A survey by a research institute shows that 77.8% of users "rarely or never" read the privacy agreement when installing an app.
Does the lengthy agreement violate the principle of fairness and the spirit of the contract?
Liu Xiaochun, executive director of the Internet Law Research Center at the University of Chinese Academy of Social Sciences, believes that judgments must be made based on the specific content of the agreement.
“Firstly, whether it conforms to the minimum necessary principle of restricting the rights and interests of users; secondly, whether it exceeds the reasonable expectations of users; thirdly, whether there is a clear indication of the more important restrictions on rights and interests; fourthly, whether there is a convenient and clear explanation. , including setting up some opt-out mechanisms for users in some cases."
The law empowers users with sufficient choices, and it is prohibited to force users to obtain consent on the grounds of providing products or services.
However, based on the principle of use first, most users have no choice but to click to agree when faced with too long and obscure App agreements.
Experts suggest that in the future, all parties should work together to promote and comprehensively manage.
Zhang Xin, executive director of the Digital Economy and Legal Innovation Research Center of the University of International Business and Economics, believes that the app user agreement should clearly, accurately and completely describe the processing behavior of personal information processors.
At the operational level, the App should strictly follow the provisions of the Personal Information Protection Law, adding options that individual users can continue to use if they do not agree with their existing "Service Agreement" and "Privacy Policy", or according to the lawful, legitimate, necessary and The principle of minimal processing revised the "Service Agreement" and "Privacy Policy" to remove the collection and use of unnecessary user information.
Court decisions have been clearly specified.
Previously, when the People's Court of Keqiao District, Shaoxing City, Zhejiang Province heard the case of Ms. Hu v. Shanghai Ctrip Business Co., Ltd. in the infringement dispute, when the court ordered the defendant to pay compensation, it required the defendant to be the plaintiff in the Ctrip Travel App operated by it. Add the option of continuing to use if you do not agree with its existing "Service Agreement" and "Privacy Policy", or make changes to the "Service Agreement" and "Privacy Policy".
Zhang Xin said that when the user withdraws the authorization and consent, the personal information processor should not process the corresponding personal information subsequently, especially in the scenario of pushing commercial advertisements based on personal information, it should provide a convenient method of refusal in accordance with laws and regulations.
"On the basis of actively encouraging self-regulation and benign compliance of app companies, regulatory agencies should also carry out systematic governance measures such as regular random inspections and special rectification, innovate technology governance methods in a timely manner, and strengthen the combination of technology and management. For example, the Ministry of Industry and Information Technology has launched a national app. Technology testing platform management system." Zhang Xin suggested that the main responsibility of the platform should also be effectively implemented, a scientific and effective accountability mechanism should be established, and precise governance should be implemented from the source and key links.