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The Interplay between Data and Competition Law

  • United Kingdom
  • Europe
  • Brexit
  • Competition, EU and Trade
  • Privacy, data protection and cybersecurity
  • Consumer
  • Food and drink
  • Retail

21-07-2021

In this series of briefings from our Data and Competition teams, we look at the similarities, differences and the lessons to be learned from Competition and Data law in the UK, EU and wider global eco-data-system, and how this presents both challenges and opportunities for businesses.

Part 1 - GDPR penalties: lessons that can be learnt from competition law

Like the General Data Protection Regulation (“GDPR”), the current UK competition law regime is derived from the European Union.  Unlike the GDPR, however, EU and UK competition law has existed for decades with a well-developed body of legislation, decisions, jurisprudence and guidance.  In this briefing, we consider the lessons that can be learnt from EU/UK competition law in respect of the financial penalties that can be imposed by the Information Commissioner’s Office (“ICO”) for breaches of the GDPR or the Data Protection Act 2018 (“DPA”) in the UK.

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Part 2 - Smart data: unlocking innovation and putting customers in control

We summarize, and comment on, the steps being taken by both the UK and the European Union as a whole in order to encourage the use of Smart Data; namely, the UK government’s response to its Smart Data Review Consultation and the European Commission’s adoption of an EU Digital Finance Package.

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Part 3 - The key to the economic recovery: How the UK plans to use data to promote competition and economic growth

We look into the steps the UK is taking to ensure that data is able to play a key role in driving the economic recovery from the Covid-19 pandemic. The UK government has made a number of recent proposals and set up various bodies to encourage its data and competition regulators (the Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA), respectively) to take a coordinated and strategic approach on this issue. 

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Part 4 - Data and Competition Law: Regulators enhance collaboration efforts as data licensing agreements come under increased scrutiny

The UK's Competition and Markets Authority and Information Commissioner's Office released a Joint Statement on their approach competition and data protection in digital markets. We discuss the areas of focus and increased scrutiny of data licensing agreements.

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Part 5 - The Interplay between Data and Competiton Law in the TMT sector

From both a competition, consumer and privacy law perspective there is a dilemma in relation to how people gather and access data. There has also been increased collaboration between competition and data privacy, both in respect of law and regulators. As such, increasingly we are seeing issues relating to how to address the intersection of these two areas, both as external legal advisers and commercial organisations dealing with those overlapping frameworks. We focus on how data acquisition creates market power across multiple jurisdictions.

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Part 6 – A Virtual Davos: World Economic Forum Risk Report 2022

Our global Data Privacy, Cybersecurity and ESG legal teams break down the World Economic Forum’s global risks report, outlining the key risks facing organizations and governments over the next two to five years.

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Part 7 – The new EU Data Act: European Commission proposes measures for a fair and innovative data economy

The new EU Data Act proposals have significant implications for both holders and users of non-personal data, data sets. Accordingly, the scope of the Act goes far beyond the boundaries of GDPR. In this briefing, we take a deep dive into the implications and what this means, proposals, and penalties on organizations.

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Part 8 – UK Government aims to lead on trust in Digital IDs

With DCMS publishing its response to the consultation on the use of Digital IDs, our competition and data team break down the trust framework set by the UK government and what rules and procedures should be followed. In addition, we explore how receptive the responses were to the concept of Digital IDs.

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For more information on any of these matters, please get in touch

Regulators enhance collaboration efforts as data licensing agreements come under increased scrutiny