Download or read book Data Privacy and Competition Law in the Age of Big Data written by Samson Y. Esayas and published by Oxford University Press. This book was released on 2024-07-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monetization of personal data has become an increasingly common business practice, igniting global debate on the interface between data privacy law and competition law. Data Privacy and Competition Law in the Age of Big Data provides a comprehensive, novel, and interdisciplinary analysis of this nexus. Drawing insights from emergent properties and complexity science, the book exposes the commonalities and conflicts between how data privacy law and competition law address challenges resulting from the commercialization of personal data. Samson Y. Esayas begins by identifying key shifts in big data: the growing trend of processing personal data for diverse purposes, the aggregation of data across various operations, and the shift from offering stand-alone products and services to ecosystems of several, with personal data central in connecting the different markets. These shifts engender a complex economic landscape, marked by multiple actors, a web of interactions, and non-linear, emergent outcomes. Despite this complexity, the prevailing approach to data privacy law and competition law emphasises isolated units of analysis-whether a relevant market or a distinct processing operation. This approach overlooks system-wide (emergent) risks borne of cumulative processing operations and cross-market practices. Additionally, a mindset focused on either data privacy law or competition law overlooks the increasing intersection between the two regimes, missing opportunities for synergy. In light of these challenges, Esayas's volume calls for recalibrating data privacy law and competition law for a complex economy, emphasizing a holistic, systems-level perspective that addresses emergent harms and a polycentric strategy that leverages the strengths of each legal regime.
Download or read book Big Data and Competition Policy written by Maurice E. Stucke and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Data Privacy and Competition Law in the Age of Big Data written by Samson Y. Esayas and published by Oxford University Press. This book was released on 2024-09-20 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy and Competitiveness in the Age of Big Data written by European Data Protection Supervisor and published by . This book was released on 2014 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Data in Competition Consumer Protection and Intellectual Property Law written by Mor Bakhoum and published by Springer. This book was released on 2018-11-02 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Data and Privacy in the Digital Economy written by Maria Wasastjerna and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cambridge Handbook of Antitrust Intellectual Property and High Tech written by Roger D. Blair and published by Cambridge University Press. This book was released on 2017-04-07 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
Download or read book Big Data and Competition Law written by Alptekin Koksal and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 where 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 have 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"--
Download or read book Competition Law and Big Data written by Beata Mäihäniemi and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Big Data and Global Trade Law written by Mira Burri and published by Cambridge University Press. This book was released on 2021-07-29 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Download or read book Coherence between Data Protection and Competition Law in Digital Markets written by Klaudia Majcher and published by Oxford University Press. This book was released on 2023-10-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Exploring the Uncharted Waters of European Competition Law 4 0 written by Hendrik Schulze and published by Nomos Verlagsgesellschaft. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Facebook and co. control more and more aspects of everyday life and the economy. Their data-driven business models pose new challenges, especially for competition law. Against this background, the book examines the interplay of competition and data protection law in a European context and aims to show whether the chronic data protection violations by the big players of the digital economy can also be dealt with under European competition law. The main focus of the work is to examine if and how data protection principles can be taken into account when applying Art. 102 TFEU and what alternative solutions to the competition law regulation of Facebook and co. exist.
Download or read book Regulating Industrial Internet Through IPR Data Protection and Competition Law written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2019-08-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Download or read book Big Data and the Economics of Free written by Christophe Carugati and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Big Data and free goods such as Google search engine change the way of living of billions of users worldwide. Nowadays, the current competition law based on price-centric tools and static analysis without taking into account other fields of law like privacy is not adapted for the Big Data age which involved free goods, dynamic economy in multi-sided markets and privacy. There is an urgent need of a new competition law. That is the subject of this paper, to introduce a new competition law in the Big Data and the economics of free-or free goods- age in a practical way with a law and economics point of view for practitioners and competition authorities by using the latest papers and cases including the Google Shopping Case at the time of the thesis. I will start by defining new competition tools for free goods, identifying the relevant market, the market power and network effects and some economic tools related to privacy. Then, I will suggest a new analysis for Big Data and competition law enforcement by investigating abuse of dominance with new kinds of abusive conducts, collusive practices in the digital economy and the problem of algorithms and mergers with the necessary implication of privacy policy. Finally, I will address the link between competition law and consumer protection in the Big Data age of free goods by identifying the consumer welfare, the price discrimination and the remedies to protect consumers and market competition in the digital economy.
Download or read book Protecting Individuals Against the Negative Impact of Big Data written by Manon Oostveen and published by Kluwer Law International B.V.. This book was released on 2018-07-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.
Download or read book Virtual Competition written by Ariel Ezrachi and published by Harvard University Press. This book was released on 2016-11-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.” —Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. “We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.” —Science “A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.” —Burton G. Malkiel, Wall Street Journal “A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.” —John Naughton, The Observer
Download or read book Personal Data Protection and Legal Developments in the European Union written by Tzanou, Maria and published by IGI Global. This book was released on 2020-06-12 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of technological advancement, including the emergence of artificial intelligence, big data, and the internet of things, the need for privacy and protection has risen massively. This phenomenon has led to the enforcement of two major legal directives in the European Union (EU) that aim to provide vigorous protection of personal data. There is a need for research on the repercussions and developments that have materialized with these recent regulations and how the rest of the world has been affected. Personal Data Protection and Legal Developments in the European Union is an essential reference source that critically discusses different aspects of the GDPR and the Law Enforcement Directive as well as recent jurisprudential developments concerning data privacy in the EU and its member states. It also addresses relevant recent case law of the Court of Justice of the EU, the European Court of Human Rights, and national courts. Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, analysts, academicians, and students working in the areas of privacy, data protection, big data, information technology, and human rights law.
