The Strengthening Liaison between Data Protection, Antitrust and Consumer Law in the German and Italian Big Data-Driven Economies

Abstract Nowadays, personal data represent a strategic asset for companies as they can significantly influence their market position. Indeed, the issues arising from the management of large amounts of data (so-called big data) are not only relevant for data protection authorities, since this practice has also induced the intervention of competition and consumer protection authorities. The digital economy has enhanced new forms of abuses of dominant position and unfair practices, which can be performed via the handling of big data. This paper starts by analysing the German antitrust authority vs Facebook decision in which the big-tech platform was sanctioned for having performed an exploitative abuse of dominant position through its data management strategy. Then, it focuses on the Italian antitrust authority vs WhatsApp decision, where WhatsApp was deemed responsible for unfair and aggressive practices aimed at extracting users’ consent for data-sharing purposes. These two remarkable cases will be compared and further discussed, outlining the need to rethink the strengthening interplay between data protection, competition and consumer law, as it will entail a closer contact of the respective authorities to ensure the sustainability of digital markets.

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Digital Economy, Big Data and Competition Law

Market and Competition Law Review ◽

10.7559/mclawreview.2019.315 ◽

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.

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INTERACTION BETWEEN BIG DATA AND COMPETITION LAW IN DIGITAL SINGLE MARKET

CBU International Conference Proceedings ◽

10.12955/cbup.v4.850 ◽

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.

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A study on the personal data processing and the UCPD: Focused on Italy, Germany and the UK

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x20961493 ◽

2020 ◽

pp. 1023263X2096149

Author(s):

Maja Nisevic

Keyword(s):

Big Data ◽

Data Processing ◽

Consumer Protection ◽

Data Protection ◽

Big Data Analytics ◽

Personal Data ◽

The European Union ◽

Consumer Privacy ◽

Commercial Practice ◽

Unfair Commercial Practice

Manipulation with Big Data Analytics allows commercial exploitation of individuals based on unfair commercial practices. Consequently, the concepts of consumer protection are essential in the data-driven economy and a central issue for effective safety for individuals in the Big Data Age. Although the fields of consumer protection and data protection in the European Union (EU) have developed separately, there is an unambiguous relationship between them. While the GDPR plays a crucial role in an individual’s data protection in a case of personal data processing, Directive 2005/29/EC (UCPD) plays an essential role in regulating an individual’s protection from the unfair commercial practice when it comes to personal data processing. A vital aspect of the UCPD is the enforcement of issues related to consumer privacy. However, a much-debated question is whether the UCPD is fully effective or not when it comes to personal data processing. This paper examines case law examples on WhatsApp and Facebook in Italy, Germany and the United Kingdom. This paper also aims to come to a conclusion on the issue of the applicability of the rules on unfair commercial practice when it comes to data processing.

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Council of Europe ∙ The Guidelines of the Council of Europe Data Protection Committee on the Protection of Individuals with Regard to the Processing of Personal Data in the Big Data Context

European Data Protection Law Review ◽

10.21552/edpl/2017/1/11 ◽

2017 ◽

Vol 3 (1) ◽

pp. 88-89 ◽

Cited By ~ 1

Author(s):

A. Mantelero

Keyword(s):

Big Data ◽

Data Protection ◽

Personal Data ◽

Council Of Europe ◽

Data Context

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Record linkage of routine data with cohorts’ data of infants under European and Portuguese law

European Journal of Public Health ◽

10.1093/eurpub/ckaa166.178 ◽

2020 ◽

Vol 30 (Supplement_5) ◽

Author(s):

J Doetsch ◽

I Lopes ◽

R Redinha ◽

H Barros

Keyword(s):

Big Data ◽

Data Processing ◽

Data Protection ◽

Record Linkage ◽

Data Science ◽

Personal Data ◽

Routine Data ◽

Cohort Data ◽

Education Data ◽

Explicit Consent

Abstract The usage and exchange of “big data” is at the forefront of the data science agenda where Record Linkage plays a prominent role in biomedical research. In an era of ubiquitous data exchange and big data, Record Linkage is almost inevitable, but raises ethical and legal problems, namely personal data and privacy protection. Record Linkage refers to the general merging of data information to consolidate facts about an individual or an event that are not available in a separate record. This article provides an overview of ethical challenges and research opportunities in linking routine data on health and education with cohort data from very preterm (VPT) infants in Portugal. Portuguese, European and International law has been reviewed on data processing, protection and privacy. A three-stage analysis was carried out: i) interplay of threefold law-levelling for Record Linkage at different levels; ii) impact of data protection and privacy rights for data processing, iii) data linkage process' challenges and opportunities for research. A framework to discuss the process and its implications for data protection and privacy was created. The GDPR functions as utmost substantial legal basis for the protection of personal data in Record Linkage, and explicit written consent is considered the appropriate basis for the processing sensitive data. In Portugal, retrospective access to routine data is permitted if anonymised; for health data if it meets data processing requirements declared with an explicit consent; for education data if the data processing rules are complied. Routine health and education data can be linked to cohort data if rights of the data subject and requirements and duties of processors and controllers are respected. A strong ethical context through the application of the GDPR in all phases of research need to be established to achieve Record Linkage between cohort and routine collected records for health and education data of VPT infants in Portugal. Key messages GDPR is the most important legal framework for the protection of personal data, however, its uniform approach granting freedom to its Member states hampers Record Linkage processes among EU countries. The question remains whether the gap between data protection and privacy is adequately balanced at three legal levels to guarantee freedom for research and the improvement of health of data subjects.

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Big Data, Anonymisation and Governance to Personal Data Protection

The 21st Annual International Conference on Digital Government Research ◽

10.1145/3396956.3398253 ◽

2020 ◽

Author(s):

Artur Potiguara Carvalho ◽

Fernanda Potiguara Carvalho ◽

Edna Dias Canedo ◽

Pedro Henrique Potiguara Carvalho

Keyword(s):

Big Data ◽

Data Protection ◽

Personal Data ◽

Personal Data Protection

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Mobility Should Be Fun. A Consumer (Law) Perspective on Border Check Technology

The Scientific World JOURNAL ◽

10.1100/tsw.2011.50 ◽

2011 ◽

Vol 11 ◽

pp. 490-502

Author(s):

Paul De Hert ◽

Rocco Bellanova

Keyword(s):

Consumer Protection ◽

Data Protection ◽

General Interest ◽

Consumer Law ◽

Use Of Data ◽

Safety Technology ◽

Data Protection Law ◽

Pass Through ◽

As If

After 9/11, states looked at transportation as if it was a matter of paying taxes: “We cannot make it fun, but we can make it efficient.” When traveling, we are asked to pass on data, give body samples, and pass through body scanners in the name of the general interest and in the name of our safety. Technology complements existing human checks and controls. Here we take a fresh look at the new security apparatuses and make transportation of humans more passenger-centered. Consumer protection law might help to complement the existing use of data protection law principles by citizen organizations. It should be possible to satisfy consumer needs, without forgetting the perspective of the citizen.

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GDPR: Is your consent valid?

Business Information Review ◽

10.1177/0266382120903254 ◽

2020 ◽

Vol 37 (1) ◽

pp. 19-24

Author(s):

Stephen Breen ◽

Karim Ouazzane ◽

Preeti Patel

Keyword(s):

Information Systems ◽

Data Protection ◽

Personal Data ◽

Data Driven ◽

Privacy Concerns ◽

General Data Protection Regulation ◽

Philosophical Background ◽

General Data ◽

Compliance With The Law ◽

Point Of Departure

The General Data Protection Regulation (GDPR) 2018 imposes much greater demands on companies to address the rights of individuals who provide data, that is, Data Subjects. The new law requires a much more transparent approach to gaining consent to process personal data. However, few obvious changes to how consent is gained from Data Subjects to comply with this. Many companies are running the risk of non-compliance with the law if they fail to address how data are obtained and the lack of true consent which Data Subjects currently give to their data being processed. Consent is a complex philosophical principle which relies on the person giving the consent being in full possession of the facts, this article explores the philosophical background of consent and examines the circumstances which were the point of departure for the debate on consent and attempts to develop an understanding of it in the context of the growing influence of information systems and the data-driven economy. The GDPR has gone further than any other regulation or law to date in developing an understanding of consent to address personal data and privacy concerns.

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