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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: Mor Bakhoum
Publisher: Springer
ISBN: 3662576465
Category : Law
Languages : en
Pages : 569
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Book Description
This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Author: Klaudia Majcher
Publisher: Oxford University Press
ISBN: 0198885741
Category : Law
Languages : en
Pages : 337
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Book Description
In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.
Author: Samson Y. Esayas
Publisher: Oxford University Press
ISBN: 0198891423
Category : Law
Languages : en
Pages : 385
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Book Description
Drawing insights from emergent properties and complexity science, Samson Y. Esayas examines the interplay between data privacy law and competition law to address challenges resulting from the commercialization of data.
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: Torsten Körber
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
Everyone is talking about the relationship between data protection, “data power” and competition law. The increasing importance of data and the presumed concentration of data in the hands of certain companies have stoked fears, leading to calls for political regulation and increased antitrust oversight. The merger of Facebook and WhatsApp, the ongoing EU proceedings against Google, and the investigations of Facebook by the German FCO (Bundeskartellamt) have cast a spotlight on the role of competition law. The following contribution explores the significance of data and data protection in competition law. Section I examines the role of data in the Internet economy. Section II follows with an analysis of the competitive relevance of data to establish “data power” or market power. Building on this, Section III examines potentially abusive practices of “data rich” companies. Finally - particularly with a view to the current antitrust proceeding against Facebook - Section IV evaluates the relationship between data protection and competition law.The German version of this article was previously published in NZKart 2016, 303 et seq. and 348 et seq. The English Version updates and expands the original presentation.
Author: Giulia Schneider
Publisher: Springer
ISBN: 9783030954291
Category : Law
Languages : en
Pages : 0
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Book Description
This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.
Author: Bruce Kilpatrick
Publisher: Springer Nature
ISBN: 303107422X
Category : Law
Languages : en
Pages : 463
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Book Description
This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Author: Paul Nihoul
Publisher:
ISBN: 9781788972437
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation. With chapters from well-established and up-and-coming competition law and economics scholars - from the Academic Society for Competition Law (ASCOLA) - this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence. Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law. Contributors include: M. Botta, J.S. Frank, S. Hayashi, W. Kerber, P. Kuoppamäki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos, M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B. Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D. Zimmer, N. Zingales
