The wide application of big data technology in commercial practice brings great vitality to the e-commerce market, while the “big data discrimination” problem also brings many negative effects to Internet consumers and market competition order. So it is necessary to regulate it by law. However, there are still some difficulties in the legal regulation of “big data discrimination” in China, such as the vague legal nature, flaws in the regulatory model, and difficulties in proving consumer rights. In order to effectively regulate “big data discrimination”, we should improve our relevant legislation, clarify the legal nature, improve the regulatory system, and create a good atmosphere for the use of social data.