Data Privacy And Competition Law In The Age Of Big Data
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Data Privacy And Competition Law In The Age Of Big Data
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Author : Samson Y. Esayas
language : en
Publisher: Oxford University Press
Release Date : 2024-09-20
Data Privacy And Competition Law In The Age Of Big Data written by Samson Y. Esayas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-20 with Law categories.
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.
Big Data And Competition Policy
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Author : Maurice E. Stucke
language : en
Publisher:
Release Date : 2016
Big Data And Competition Policy written by Maurice E. Stucke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
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.
Personal Data In Competition Consumer Protection And Intellectual Property Law
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Author : Mor Bakhoum
language : en
Publisher: Springer
Release Date : 2018-11-08
Personal Data In Competition Consumer Protection And Intellectual Property Law written by Mor Bakhoum and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-08 with Law categories.
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.
The Interface Between Competition Law And Data Privacy Law
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Author : Arletta Gorecka
language : en
Publisher: Springer Nature
Release Date : 2024-10-24
The Interface Between Competition Law And Data Privacy Law written by Arletta Gorecka and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-24 with Law categories.
This book assesses the extent to which the current EU competition law framework can incorporate privacy-related theories of harm. Specifically, it evaluates the importance of protecting individual privacy in establishing exploitative abuse of dominance under Article 102 TFEU. The book explores scenarios where Big Tech firms exploit their dominant positions through excessive data collection or limiting consumer choice, thereby harming competition and directly affecting user well-being. It posits that zero-priced business models of online platforms and the ubiquity of data generation create strong incentives to acquire and process consumer data, which can harm digital consumers' privacy. The book assesses how the existing EU competition law framework can address and regulate exploitative abuses, particularly concerning the protection of individuals' privacy. Importantly, this book argues that competition law might recognize privacy-related harms as forming exploitative theories of harm under Article 102 TFEU. Article 102 TFEU offers flexibility and can be applied to a broader range of unfair practices. Article 102 TFEU emphasizes enhanced transparency and predictability, aiming to prevent abuses of dominant positions that could undermine healthy competition, to the detriment of consumers and other market participants. This book provides a comprehensive analysis of how the existing EU competition law framework can address the evolving challenges at the intersection of competition and privacy, ultimately seeking to protect consumer welfare and ensure fair competition in the digital economy.
Competition Law And Big Data
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Author : Beata Mäihäniemi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Competition Law And Big Data written by Beata Mäihäniemi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.
Coherence Between Data Protection And Competition Law In Digital Markets
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Author : Klaudia Majcher
language : en
Publisher: Oxford University Press
Release Date : 2023-10-09
Coherence Between Data Protection And Competition Law In Digital Markets written by Klaudia Majcher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Law categories.
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.
Data Protection Law
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Author : Robert Walters
language : en
Publisher: Springer Nature
Release Date : 2019-09-04
Data Protection Law written by Robert Walters and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-04 with Law categories.
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
Big Data And Competition Law
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Author : Alptekin Koksal
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-13
Big Data And Competition Law written by Alptekin Koksal and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-13 with Law categories.
Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.
Health Data Pools Under European Data Protection And Competition Law
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Author : Giulia Schneider
language : en
Publisher: Springer Nature
Release Date : 2022-04-13
Health Data Pools Under European Data Protection And Competition Law written by Giulia Schneider and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-13 with Law categories.
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.
Competition Data And Privacy In The Digital Economy
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Author : Maria Wasastjerna
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16
Competition Data And Privacy In The Digital Economy written by Maria Wasastjerna and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with Law categories.
Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.