The Role of Competition Regulators in the Domain of Data Privacy PDF Download
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Author: Samyuktha R
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Data processing by businesses in digital markets is being scrutinized, by both Data Protection Authorities and Competition Regulators, albeit for different reasons. Sometimes pro-privacy policies may limit competition while pro- competition measures may dilute privacy. At other times, an initiative to promote one would secure the other. Therefore, depending on the pro-competition measure ordered by the Competition Regulator, the consequence would be that either privacy is strengthened or weakened.Both competition and data protection laws aim to secure consumer welfare, by providing choice to consumers, in digital markets. While it is an objective of competition law to provide choice in terms of businesses; products; and services, choice in sharing personal data is employed by data protection law as the means to achieve the ultimate aim of protecting decisional autonomy (privacy) of digital market users. By enabling consumers to choose, both competition and data protection laws secure freedom of choice in digital markets. This freedom of choice is meaningless when consumers do not have decisional autonomy (privacy of choice) and vice versa. Based on the foregoing premise, the essay submits that the Competition Regulator must ensure that consumers in digital markets have both freedom of choice and privacy of choice. Accordingly, the role of Competition Regulator would be to ensure that A) data protection policies do not limit competition and B) businesses do not employ anti-competitive practices that infringe upon consumer's privacy.
Author: Samyuktha R
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Data processing by businesses in digital markets is being scrutinized, by both Data Protection Authorities and Competition Regulators, albeit for different reasons. Sometimes pro-privacy policies may limit competition while pro- competition measures may dilute privacy. At other times, an initiative to promote one would secure the other. Therefore, depending on the pro-competition measure ordered by the Competition Regulator, the consequence would be that either privacy is strengthened or weakened.Both competition and data protection laws aim to secure consumer welfare, by providing choice to consumers, in digital markets. While it is an objective of competition law to provide choice in terms of businesses; products; and services, choice in sharing personal data is employed by data protection law as the means to achieve the ultimate aim of protecting decisional autonomy (privacy) of digital market users. By enabling consumers to choose, both competition and data protection laws secure freedom of choice in digital markets. This freedom of choice is meaningless when consumers do not have decisional autonomy (privacy of choice) and vice versa. Based on the foregoing premise, the essay submits that the Competition Regulator must ensure that consumers in digital markets have both freedom of choice and privacy of choice. Accordingly, the role of Competition Regulator would be to ensure that A) data protection policies do not limit competition and B) businesses do not employ anti-competitive practices that infringe upon consumer's privacy.
Author: Danish Chandra
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Brillopedia can provide interesting articles about law, socio-legal and contemporary issues. Brillopedia is also providing a platform to publish articles from students, professionals and others. Brillopedia seeks to foster research and writing skills.
Author: Edward J. Swan
Publisher: Kluwer Law International B.V.
ISBN: 9403542950
Category : Law
Languages : en
Pages : 389
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Book Description
The Internet is a world of its own, independent of any country. Its regulation encompasses a complex and frequently changing collection of international agreements, national legislation, local laws, regulations, and commercial customs affecting many areas of legal practice. This book provides a succinct, invaluable guide to the development and scope of regulation of the Internet around the world. For each of nine key market jurisdictions—the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore—the author clearly describes and analyzes how courts and regulators treat Internet activity in terms of the following: what should be available via the Internet; what should not be available; how transactions should be conducted; how disputes should be resolved; and how violations of laws and regulations should be treated. Separate chapters discuss the role of Internet regulation in matters involving intellectual property, competition, privacy and data protection, artificial intelligence, cybercurrency, cybercrime, and cyberwarfare. With its extensive review of protections available to international Internet businesses and its insights into the direction that Internet regulation is taking around the world, this up-to-date fund of practical knowledge about this rapidly developing regulatory landscape both globally and at national and local levels will be welcomed by practitioners, regulators, policymakers, Internet companies, Internet users, and academics for its information about the numerous areas of law relating to the Internet.
Author: Martin Ebers
Publisher: Taylor & Francis
ISBN: 1040111173
Category : Law
Languages : en
Pages : 321
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Book Description
This book brings together contributions from leading scholars in law and technology, analysing the privacy issues raised by new data-driven technologies. Highlighting the challenges that technology poses to existing European Union (EU) data protection laws, the book assesses whether current legal frameworks are fit for purpose, while maintaining a balance between supporting innovation and the protection of individual’s privacy. Data privacy issues range from targeted advertising and facial recognition, systems based on artificial intelligence (AI) and blockchain, and machine-to-machine (M2M) communication, to technologies that enable the detection of emotions and personal care robots. The book will be of interest to scholars, policymakers and practitioners working in the fields of law and technology, EU law and data protection.
Author: Alan Charles Raul
Publisher:
ISBN: 9781838620622
Category : Cyber intelligence (Computer security)
Languages : en
Pages : 442
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Book Description
Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 337
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Book Description
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Author: Jan Krämer
Publisher: Centre on Regulation in Europe (CERRE)
ISBN:
Category : Law
Languages : en
Pages : 104
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Book Description
Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
Author: El Bachir Boukherouaa
Publisher: International Monetary Fund
ISBN: 1589063953
Category : Business & Economics
Languages : en
Pages : 35
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Book Description
This paper discusses the impact of the rapid adoption of artificial intelligence (AI) and machine learning (ML) in the financial sector. It highlights the benefits these technologies bring in terms of financial deepening and efficiency, while raising concerns about its potential in widening the digital divide between advanced and developing economies. The paper advances the discussion on the impact of this technology by distilling and categorizing the unique risks that it could pose to the integrity and stability of the financial system, policy challenges, and potential regulatory approaches. The evolving nature of this technology and its application in finance means that the full extent of its strengths and weaknesses is yet to be fully understood. Given the risk of unexpected pitfalls, countries will need to strengthen prudential oversight.
Author: Maurice E. Stucke
Publisher:
ISBN: 9780191092190
Category : LAW
Languages : en
Pages :
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Book Description
The first text to provide understanding of the important new issue of Big Data and how it relates to competition laws and policy, both in the EU and US.
Author: Inge Graef
Publisher: Kluwer Law International B.V.
ISBN: 9041183256
Category : Law
Languages : en
Pages : 442
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Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
