在消费者个人信息的交易中,云计算服务平台的营运商借助对信息的垄断,阻碍了其他经营者对信息的利用,妨碍了消费者人格需求的实现,这不利于云计算等产业的发展。为应对此风险,我国应立足于产业现状并借鉴美欧经验,通过如下制度设计来治理信息交易市场:一是设定并保护消费者与经营者的权利,同时协调二者利益,从而优化对市场要素的配置;二是规制营运商侵犯权利的机会主义行为,改变他们与消费者和经营者间的不均衡博弈状况,以此改善市场整体环境。我国要根据云计算下信息交易的具体情况,灵活运用产权激励、立法规制与行业引导等治理手段,促使交易各方通过合作来共同应对风险,从而在保护消费者人格、有效利用信息与促进产业发展之间寻求平衡。 In the transaction of personal information of consumers, the operators of cloud computing service platform hindered the utilization of information by other operators with the help of the monopoly of information, which hindered the realization of consumer’s personality requirements, which is not conducive to the development of industries such as cloud computing. . In order to deal with this risk, our country should base on the status quo of the industry and learn from the experience of the United States and Europe and govern the information exchange market through the following system designs. First, we should set and protect the rights of consumers and operators and at the same time coordinate the interests of both to optimize the Market elements of the configuration; the second is to regulate the operator’s violation of the rights of opportunistic behavior, changing the imbalance between them and consumers and the game situation, in order to improve the overall market environment. According to the specific conditions of information transaction under the cloud computing, China should flexibly use the means of governance such as property rights incentives, legislative regulation and industry guidance to promote the parties involved in the transaction to cope with the risks through cooperation so as to protect consumers’ personality, effectively utilize information and promote industries Seek the balance between development.