关键词: 点击合同, 格式条款, 单方变更, 有限理性

Abstract: Taking user agreements and privacy policies of 15 online platforms in China as a sample for empirical analysis, it is pointed out that improper format clauses in click-wrap contracts include unilateral change of clauses, automated decision-making clauses, unrestricted user content authorization clauses, etc. Although existing methods such as obvious unfairness, explanation obligations, and automated decision-making norms can compensate for the flaws to some extent, they cannot fully solve the problems due to their own shortcomings, so there are still deficiencies in the regulation of improper format clauses in click-wrap contracts. Therefore, it is necessary to take some measures to safeguard the rights and interests of users in the online environment, such as establishing a negative list of format terms, strengthening dynamic supervision, optimizing platforms’ explanation obligations, setting options of refusing automated decision making, clearly informing users of obligation scope, and enhancing users’ rights awareness.

Key words:  click-wrap contract, format clause, unilateral change, bounded rationality