The widespread use of big data has created a series of social and legal problems while facilitating people’s lives, one being the behavior of differential pricing by big data technology. According to the consumption frequency, consumption habits, consumption region and consumption ability, the ecommerce platform uses users’ information and algorithm technology to implement differential pricing for consumers in the process of differential pricing by big data technology. Such behavior not only infringes the legitimate rights and interests of consumers, but also destroys the transaction order of the Internet market. At present, there is not enough theoretical research on differential pricing by big data, and the legal regulation cannot meet the needs of reality. Based on the analysis of the basic types, operation process and specific types of infringement of consumers’ rights to fair transaction of differential pricing by big data technology, it is suggested to regulate the behavior of big data from three aspects: regulating click contract, rectifying information imbalance and regulating algorithm prices, in order to protect consumers’ right to fair transaction in the era of big data algorithm.

differential pricing by big data technology； fair trading right； algorithm price； price discrimination; clickwrap contract