The obligation to provide “non-personalised” search results under the Chinese E-commerce law

Abstract Pursuant to Article 18(1) of the Chinese E-Commerce Law, e-commerce business has an obligation, when providing search results for goods and services based on consumers’ hobbies, consumption habit, or any other traits, to provide them with options that do not target their identifiable personal traits. The law does not provide any elaboration on the precise scope of application of the said provision. Yet, a plain literal interpretation of this obligation may lead to a broad requirement where the business operator has to provide a truly random “non-personalised” set of search results in all circumstances whenever personalised services are provided. Such an interpretation is in all likelihood unreasonable and impractical. This article argues that the proper interpretation of Article 18(1) should be based on its regulatory purpose to protect the lawful rights and interests of consumers. It further considers the precise types of rights and interests that ought to be protected by Article 18(1), and concludes that its appropriate scope of application should be limited to targeted personalisation of search results, which infringe on the consumers’ right to obtain true information and entitlement to human dignity. Personalisation which does not violate the said right and entitlement, should not fall within the regulatory ambit of Article 18(1).