Fairness and enforcement: bridging competition, data protection, and consumer law

Graef, Inge; Clifford, Damian; Valcke, Peggy

doi:10.1093/idpl/ipy013

Cited by 32 publications

(28 citation statements)

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“…The same may be said regarding the reinforcement of data protection consent through the prohibition in competition law on the abuse of dominant positions. 67 The data economy is characterised by very few but big market players (such as Google and Facebook) with a high share in the market for digital services which are essential in our current society. Therefore, data subjects/consumers may not have a real choice regarding providing freely given consent.…”

Section: Bringing In Principles (Transparency and Fairness) And Compementioning

confidence: 99%

“…It was found in Article 7 of the former Data Protection Directive 95/46. The current wording is substantially unchanged 25 which means that it uses ambiguous terms that may create uncertainty and need interpretation. 26 However, there is (limited) experience gained in the lifetime of the Directive together with the case law of the European Court of Justice 27 Article 6(1)(f) GDPR also includes some new, useful clarifications: first, the explicit requirement for stricter protection when the data subject is a child, and second, the exclusion of this ground for public authorities in the performance of their tasks.…”

Section: General Introduction To Legitimate Interestsmentioning

confidence: 99%

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Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

González

Hert

2019

ERA Forum

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Section: Bringing In Principles (Transparency and Fairness) And Compementioning

confidence: 99%

Section: General Introduction To Legitimate Interestsmentioning

confidence: 99%

Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

González

Hert

2019

ERA Forum

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“…As a result, the authority has scope to require remedies that have a broader impact on the market, as long as they can be linked to the identified competition concerns. 136 Where undertakings offer commitments to end a competition investigation without establishing an infringement, there is even more room for competition authorities to do so. The Court of Justice has made explicit in Alrosa that undertakings proposing commitments "consciously accept that the concessions they make may go beyond what the Commission could itself impose on them" in an infringement decision.…”

Section: Google Agrees To Change Its Business Practices To Resolve Ftmentioning

confidence: 99%

Data Portability and Data Control: Lessons for an Emerging Concept in EU Law

Graef¹,

Husovec²,

Purtova³

2018

Ger. law j.

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The right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. The RtDP provides data subjects with the possibility to transfer personal data among data controllers, but has an impact beyond data protection. In particular, the RtDP facilitates the reuse of personal data that private companies hold by establishing a general-purpose control mechanism of horizontal application. Article 20 of the GDPR is agnostic about the type of use that follows from the ported data and its further diffusion. We argue that the RtDP does not fit well with the fundamental rights nature of data protection law, and should instead be seen as a new regulatory tool in EU law that aims to stimulate competition and innovation in data-driven markets.What remains unclear is the extent to which the RtDP will be limited in its aspirations where intellectual property rights of current data holders—such as copyright, trade secrets andsui generisdatabase rights—cause the regimes to clash. In such cases, a reconciliation of the interests might particularly confine the follow-on use of ported data again to specific set of socially justifiable purposes, possibly with schemes of fair remuneration. Despite these uncertainties, the RtDP is already being replicated in other fields, namely consumer protection law and the regulation of non-personal data. Competition law can also facilitate portability of data, but only for purpose-specific goals with the aim of addressing anticompetitive behavior.We conclude that to the extent that other regimes will try to replicate the RtDP, they should closely consider the nature of the resulting control and its breadth and impact on incentives to innovate. In any case, the creation of data portability regimes should not become an end in itself. With an increasing number of instruments, orchestrating the consistency of legal regimes within the Digital Single Market and their mutual interplay should become an equally important concern.

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“…Security challenges may also arise as the complexity of control and process of personal data increases with more portable data [25]. More specifically to data portability as a right, Graef et al consider how the RtDP clashes with competition law and consumer protection law where data portability is seen as a duty and a form of property-like control respectively [13]. If justifications for data portability are poorly-defined, portability may become a goal in itself with little impact on the protection of personal data [14].…”

Section: Data Portability In Contextmentioning

confidence: 99%

How Portable is Portable?

Wong

Henderson

2018

Proceedings of the 2018 ACM International Joint Conference and 2018 International Symposium on Pervasive and Ubiquitous Computi

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The new European General Data Protection Regulation has introduced several new rights designed to empower users and regulate imbalances of power between those who collect and control data and those to whom the data refer. In this paper we focus on one particular right, the right to data portability, and examine how it is being implemented. We discuss the responses to 230 real-world data portability requests, and examine the file formats returned and difficulties in making and interpreting requests. We find variation in file formats, not all of which meet the GDPR requirements, and confusion amongst data controllers about the various GDPR rights.

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Fairness and enforcement: bridging competition, data protection, and consumer law

Abstract: verklagt-what sapp-verbraucher-muessen-hoheit-ueber-daten-behalten> accessed 31 August 2018.

Cited by 32 publications

References 1 publication

Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles

Data Portability and Data Control: Lessons for an Emerging Concept in EU Law

How Portable is Portable?

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