Data protection

Data Portability, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Online advertising, Online platforms, Privacy

(University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering…

Advertising, Data protection, Designation Decision, Digital, Digital competition, Digital markets, Digital Markets Act, Facebook

(University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering the…

Data protection, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, General Court of the European Union, Interim measures, Interim relief

(University Carlos III of Madrid, Spain)/ /Leave a comment

TikTok’s parent company, ByteDance, has not managed to suspend the effects of the European Commission’s designation decision (for comment on the designation decisions, see here). However, the appeal that ByteDance directed at the designation decision will be given the benefit of an expedited procedure. This is the first time that the General Court uttered a…

Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Carlos III of Madrid, Spain)/ /Leave a comment

The D-day for the Digital Markets Act (DMA) compliance is fast approaching. Starting from March 2024, the regulatory framework’s substantive obligations will start to apply to the six designated gatekeepers concerning 22 of their core platform services (on the first designation decisions issued by the European Commission see here). In the meantime, the European Commission…

Data Act, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digitisation, European Union, Regulation

(Sciences Po Law School)/ /Leave a comment

Overshadowed by the outsize attention surrounding the AI Act Trilogue, the EU passed in late November another regulatory instrument with transformative potential for the digital economy: the Regulation on harmonised rules on fair access to and use of data (Data Act). Admittedly, the Data Act is not as groundbreaking as the AI Act. Far from…

Abuse of dominance, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Court of Justice, Germany, Google, National competition authorities (NCAs)

(University Carlos III of Madrid, Spain)/ /Leave a comment

On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…

Data protection, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Regulation

(IMDEA Networks) and (University Carlos III of Madrid, Spain)/ /Leave a comment

The data economy is now thriving. A considerable corporate, entrepreneurial and research effort is aimed to enable a healthy trading of such an important asset, and hence contribute to de-siloing data and unlocking the combinatorial economic value of data that now rest in different corporate warehouses. However, the structuring of data ecosystems is still under…

Data protection, Digital competition, Digital economy, Digital Markets Act, European Commission, Ex ante regulation, Online advertising, Online advertising restrictions, Online platforms, Platforms, Privacy, Regulation

(University Carlos III of Madrid, Spain)/ /Leave a comment

The DMA will start to apply on March 2024. Starting on the 2nd of May, the gatekeepers have a maximum of two months to notify their gatekeeper status to the European Commission (EC). The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as…

Abuse of dominance, Competition law, Data protection, European Union, Facebook, Germany, Poland, Privacy, United Kingdom

(University of Strathclyde)/ /Leave a comment

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

Abuse of dominance, Data protection, Digital economy, Digital markets, European Court of Justice, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

On 12 May 2022, the European Court of Justice delivered its preliminary ruling in response to a number of questions referred to it by an Italian court tasked to assess whether the use of customer data (legitimately collected by the ENEL group during a legal monopoly position) to target offers to those same customers once…