Evaluation of Big Data within the Context of the Protection of Personal Data and Competition Law

2020 ◽  
pp. 219-246
Author(s):  
Fatma Arvas
Keyword(s):  
Big Data ◽  
Conflict Of Interest ◽  
Personal Data ◽  
Competition Law ◽  
Market Strategy ◽  
Legal Principles ◽  
Legal Problems ◽  
Personal Rights ◽  
Foreign Law ◽  
The Relationship

In order to sustain their presence in the market, personal data acquirers must obtain, store, and process personal data from sources that feed data such as social media shares, shopping records, and sensor networks. On the other hand, the problem of conformity of real and legal persons whose personal data are processed within the framework of personal data law brings about many legal problems and requires a profound research rather than a limited examination. The fact that a small number of enterprises create dominant power by using big data in market strategy has led to data-dependent companies or markets. Due to the effects that big data caused in the market, there is a need to address many problems in the field of competition law as well as the dimension of privacy and personal rights. In this context, the conflict of interest between the economic interest created by big data and the legal principles of personal data will be addressed and compared with regard to Turkish law and foreign law practices by discussing the relationship between big data and competition law.

scholarly journals Digital Economy, Big Data and Competition Law

2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Data Driven ◽  
Dominant Position ◽  
Privacy Concerns ◽  
Sense Data ◽  
Abuse Of Dominant Position

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.

scholarly journals Uso de correo electrónico para analizar la comunicación bilateral aplicando Big Data y Regresión Lineal Simple

2019 ◽  
pp. 21-28
Author(s):  
Luz María Hernández-Cruz ◽  
Diana Concepción Mex-Alvarez ◽  
Guadalupe Manuel Estrada-Segovia ◽  
Margarita Castillo-Tellez
Keyword(s):  
Big Data ◽  
Linear Regression ◽  
Personal Data ◽  
Simple Linear Regression ◽  
Productive Labor ◽  
Working Groups ◽  
Microsoft Office ◽  
The Relationship ◽  
Academic Group

Currently, the email is the most used network service as a means of communication for sending and receiving messages and files. The objective of this study is to perform an analysis of institutional emails by applying a strategic that ensures the existence of a bilateral communication between the employees. The research is of applied type, which will allow to predict assertive working groups with prosperous and productive labor relations. The study integrates the application of a Technological Big Data tool called Immersion and the analysis of a Simple Linear Regression (PLS) model using Microsoft Office Excel. The adapted methodology is composed of three phases: first, the "Data Collection" where a large volume of data is collected (personal data) from an institutional email account for the case study, then we have the "Analysis" where a simple linear regression model is constructed to analyze the relationship between the collected data and finally, the "Interpretation" where the obtained results are explained. Having important applications such as the integration of academic group, thematic networks, disciplinary committees or collaborative members in projects.

Putting trust into antitrust? Competition policy and data-driven platforms

2021 ◽  
pp. 026732312110283
Author(s):  
Stefan Larsson
Keyword(s):  
Competition Policy ◽  
Personal Data ◽  
Competition Law ◽  
Data Driven ◽  
Data Handling ◽  
Special Issue ◽  
Digital Platforms ◽  
Platform Governance ◽  
Consumer Autonomy ◽  
The Relationship

Anti-competitive notions, it seems, are increasingly informing the critical debate on a data-driven economy organised into scalable digital platforms. Issues of market definitions, how to value personal data on multisided platforms, and how to detect and regulate misuses of dominant positions have become key nomenclature on the battlefield of addressing fairness in our contemporary digital societies. This article looks at the central themes for this special issue on governing trust in European platform societies through the lens of contemporary developments in the field of competition law. Three main questions are addressed: (1) To what extent are the platforms’ own abilities to govern their infrastructures, that is, to be de facto regulators over both human behaviour and market circumstances, a challenge for contemporary competition regulation? (2) In what way is the collection, aggregation, or handling of consumers’ data of relevance for competition? (3) How can the particular European challenges of governing US-based digital platforms more broadly be understood in terms of the relationship between transparency and public trust? Of particular relevance – and challenge – here are the platforms’ abilities to govern their infrastructures, albeit through automated moderation, pricing or scalable data handling. It is argued that this aspect of coded, and possibly autonomously adapting, intra-platform governance, poses significant anti-competitive challenges for supervisory authorities, with possible negative implications for consumer autonomy and wellbeing as well as platform-dependent other companies.

scholarly journals Datafied Citizens in the Age of Coerced Digital Participation

2019 ◽  
Vol 24 (3) ◽  
pp. 414-429 ◽  
Author(s):  
Veronica Barassi
Keyword(s):  
Big Data ◽  
First Generation ◽  
Personal Data ◽  
Private And Public ◽  
New Type ◽  
Economic Infrastructure ◽  
Data Surveillance ◽  
The Uk ◽  
Political Economic ◽  
The Relationship

This article explores the relationship between surveillance capitalism, big data, and the emergence of a new type of datafied citizenship by looking at two different, yet interconnected, dimensions. In the first place, it considers how under surveillance capitalism individuals are being profiled simultaneously as consumer and citizen subjects by a complex political economic infrastructure that brings private and public entities together. In the second place, it argues that surveillance capitalism depends on the systematic coercion of digital participation, which forces citizens to comply with data technologies and give up their personal data. If we want to understand the extent of these transformation, the article argues, we need to look at children. Children have traditionally been excluded from debates about citizenship because they have often been understood as not-yet citizens or future citizens. Yet, in the study of the relationship between data and citizenship, children today are the key. They are the very first generation of citizens who are datafied from before they are born and are coerced into digitally participating to society through the data traces produced, collected, and processed by others without their consent or control. Drawing on the findings of the Child | Data | Citizen project, an ethnographically informed research project on big data and family life in the UK and US, this article will highlight some of the democratic challenges that emerge when we think about data, surveillance capitalism, and citizenship in everyday life.

scholarly journals INTERACTION BETWEEN BIG DATA AND COMPETITION LAW IN DIGITAL SINGLE MARKET

2016 ◽  
Vol 4 ◽  
pp. 597-602
Author(s):  
Andrius Puksas
Keyword(s):  
Big Data ◽  
Data Management ◽  
Consumer Protection ◽  
Potential Risk ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Legal Framework ◽  
Single Market ◽  
Constant Growth

Representatives of undertakings are familiar with the importance of carefully handling and protecting personal data. However, this does not lessen the importance of improving legislation regarding data management. Both the content and quantity of information have value and potentially determine the strength of the undertakings that can access such information. This influences the constant growth in demand to improve the legal framework. The consumers and institutions responsible for consumer protection are the main initiators and stakeholders of such demand. The constant growth in the amount of preserved data more sharply raises the questions about data protection. The potential risk raises proposals enabling a competition law in data protection. The article examines such possibility in the light of digital single market. This possibility is analyzed in the light of interaction between the data protection and competition law and covers trends on enabling competition law in data protection. To ensure proper data protection, cooperation among institutions should be encouraged.

Legal Responses to the Commodification of Personal Data in the Era of Big Data

2016 ◽  
pp. 130-139
Author(s):  
Emile Douilhet ◽  
Argyro P. Karanasiou
Keyword(s):  
Big Data ◽  
Personal Data ◽  
Raw Data ◽  
New Information ◽  
Legal Responses ◽  
Key Players ◽  
Data Market ◽  
Legislative Framework ◽  
The Relationship ◽  
Legal Grounds

Big Data is a relatively recent phenomenon, but has already shown its potential to drastically alter the relationship between businesses, individuals, and governments. Many organisations now control vast amounts of raw data, and those industry players with the resources to mine that data to create new information have a significant advantage in the big data market. The aim of this chapter is to identify the legal grounds for the ownership of big data: who legally owns the petabytes and exabytes of information created daily? Does this belong to the users, the data analysts, or to the data brokers and various infomediaries? The chapter presents a succinct overview of the legal ownership of big data by examining the key players in control of the information at each stage of processing of big data. It then moves on to describe the current legislative framework with regard to data protection and concludes in additional techno-legal solutions offered to complement the law of big data in this respect.

Legal Issues to Be Considered before Setting in Force Consumer-Centric Marketing Strategies within the European Union

2015 ◽  
pp. 1708-1728
Author(s):  
Eleni Tzoulia
Keyword(s):  
European Union ◽  
Personal Data ◽  
Competition Law ◽  
Internal Market ◽  
Marketing Strategies ◽  
Legal Issues ◽  
The European Union ◽  
Unfair Competition Law ◽  
Marketing Methods ◽  
The Relationship

This chapter examines Consumer-Centric Marketing in the internal market from a legal standpoint. A legislative trend towards the protection of consumers' rights and individuals' privacy is witnessed in the European Union. Consumer-Centric Marketing, however, employs techniques that put consumers at a number of risks related to both their privacy and their economic freedom. The purpose of this chapter is to indicate the limits of legality pertaining to Consumer-Centric Marketing, when applied within the European Union. The chapter examines two forms of Consumer-Centric Marketing, i.e., the Cause-Related and the Relationship Marketing. It explains European legislation on the protection of personal data and all current developments in Unfair Competition law in Europe, and it presents the tactics that should be avoided by companies when implementing the above marketing methods, so as to prevent a possible ban on their advertising.

scholarly journals Key Points for an Ethical Evaluation of Healthcare Big Data

Processes ◽  
2019 ◽  
Vol 7 (8) ◽  
pp. 493 ◽  
Author(s):  
Pilar Leon-Sanz
Keyword(s):  
Big Data ◽  
Ethical Issues ◽  
Group Identification ◽  
Life Sciences ◽  
Personal Data ◽  
Use Of Data ◽  
New Concepts ◽  
Key Points ◽  
Bioethical Debate ◽  
The Relationship

Background: The article studies specific ethical issues arising from the use of big data in Life Sciences and Healthcare. Methods: Main consensus documents, other studies, and particular cases are analyzed. Results: New concepts that emerged in five key areas for the bioethical debate on big data and health are identified—the accuracy and validity of data and algorithms, questions related to transparency and confidentiality in the use of data; aspects that raise the coding or pseudonymization and the anonymization of data, and also problems derived from the possible individual or group identification; the new ways of obtaining consent for the transfer of personal data; the relationship between big data and the responsibility of professional decision; and the commitment of the Institutions and Public Administrations. Conclusions: Good practices in the management of big data related to Life Sciences and Healthcare depend on respect for the rights of individuals, the improvement that these practices can introduce in assistance to individual patients, the promotion of society’s health in general and the advancement of scientific knowledge.

scholarly journals W poszukiwaniu prawa właściwego dla cywilnoprawnych roszczeń odszkodowawczych z tytułu naruszenia RODO (art. 82 RODO)

2021 ◽  
Vol 28 ◽  
pp. 51-73
Author(s):  
Monika Jagielska ◽  
Mariusz Jagielski
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Eu Member States ◽  
Personal Data Protection ◽  
Personal Rights ◽  
Compensation Claims ◽  
The Law ◽  
Contractual Obligations ◽  
The Relationship ◽  
The Eu

The main purpose of this study is to determine which conflict of law rules constitute the basis for the search for the law applicable to private-law compensation claims provided for in Article 82 of the GDPR, and whether it is possible to apply the Rome II Regulation on the law applicable to non-contractual obligations in this regard. The authors first set out the main features of the claim, with particular emphasis on those areas where discrepancies may arise at the level of national law. They then qualify the claim as a tortious one, which leads them to pose a question about the applicability of the Rome II Regulation in this case. Special attention is given to the relationship between privacy and personal data protection. The authors argue that these two spheres have become gradually separated from each other and finally, under GDPR, claims for damages for a breach of personal data protection being independent of claims for an infringement of personal rights. Consequently, they assume that the law applicable to a claim under Article 82 of the GDPR should be indicated on the basis of the Rome II Regulation, despite the doubts arising from the exclusion provided for in Article 1.2.g Rome II. If approach is accepted, it will have significant consequences for the harmonisation of the application of the GDPR in the EU Member States, and for achieving the harmonisation of decisions at the level of national law.

scholarly journals PENEGAKAN HUKUM PERSAINGAN USAHA DALAM PENERAPAN ALAT BUKTI TIDAK LANGSUNG (IndIrect evIdence) TERHADAP PRAKTIK KARTEL

2020 ◽  
Vol 8 (2) ◽  
pp. 260
Author(s):  
Dimas Surya Pranata ◽  
Hernawan Hadi
Keyword(s):  
Law Enforcement ◽  
Indirect Evidence ◽  
Competition Law ◽  
Unfair Competition ◽  
Legal Research ◽  
Legal Principles ◽  
Study Materials ◽  
Legal Problems ◽  
Competition Laws

<p>Abstract<br />This article aims to know the enforcement of business competition law in the implementation of indirect  evidence on cartel practices.This article belongs to legal principles and legal doctrines in order to answer the legal problems encountered who based focus read and study materials primary and secondary law. For law drafting to be able to produce arguments for new theories or concepts, it is a prescription for solving the problems of this legal research. The results of the research indicate that the enforcement of business competition law against cartel practices in Indonesia continues to face obstacles and has not been maximized. This indirect evidence can be used as a solution to the difficulty of proving the practice of cartels in business competition laws, provided that they are equipped with other evidence. Indirect evidence may be included in the category of evidence in Article 42 of Law No. 5 of 1999 on Prohibition of Monopoly Practices and Unfair Competition.<br />Keywords: Law Enforcement; Indirect evidence; Cartel Practices</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui penegakan hukum persaingan usaha terhadap penerapan alat  bukti tidak langsung (indirect evidence) terhadap praktik kartel. Artikel ini merupakan penelitian hukum doktrinal atau normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktin-doktrin hukum guna menjawab isu hukum yang dihadapi yang dilakukan dengan cara meneliti bahan pustaka (library based) yang berfokus pada membaca dan mempelajari bahan-bahan hukum primer dan sekunder. Sehingga penulisan hukum mampu menghasilkan argumentasi teori atau konsep baru sebagai preskripsi dalam menyelesaikan masalah yang terkait dalam penelitian hukum ini. Hasil Penelitian menyatakan penegakan hukum persaingan usaha terhadap praktik kartel di Indonesia masih menemui kendala dan belum maksimal. Alat bukti tidak langsung (indirect evidence) ini dapat dijadikan solusi atas sulitnya pembuktikan praktik kartel dalam hukum persaingan usaha, Alat bukti tidak langsung (indirect evidence) dapat dimasukkan dalam kategori alat bukti sebagaimana yang dimaksud dalam ketentuan Pasal 42 Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat. <br />Kata Kunci: Penegakan Hukum; Indirect evidence; Praktik Kartel</p>

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