As states’ “top cops,” one of the primary responsibilities of state attorneys general (AGs) is consumer protection, and more and more AGs are focusing on how to protect consumer data privacy. Discussions at the recent Conference of Western Attorneys General (“CWAG”) Annual Meeting in Santa Barbara reflect this focus and demonstrate that state enforcers are
Competition
CMA launches market study into online platforms and digital advertising
By Cynthia O’Donoghue & Eleanor Brooks on
The Competition and Markets Authority (CMA) has recently published an invitation to take part in its market study into online platforms and the digital advertising market in the UK.
This market study has not come out of the blue. The ICO recently published a report on adtech in which the ICO concluded that many actors…
Singapore considers introduction of data portability
By Charmian Aw on
On 25 February 2019, Minister for Communications and Information announced that Singapore is considering, as part of an ongoing review of the Personal Data Protection Act (PDPA), introducing a data portability requirement that would confer greater control and rights by data subjects over the movement of their personal data across service providers.
In connection with…
In the age of Big Data, the EDPS issues an Opinion on enforcement and upholding fundamental rights
By Cynthia O’Donoghue & Curtis McCluskey on
The European Data Protection Supervisor (“EDPS”) issued an Opinion on “coherent enforcement of fundamental rights in the age of big data”. This is an update to the EDPS’ Preliminary Opinion in 2014 on “Privacy and competitiveness in the age of big data”. The Preliminary Opinion observed a tendency for EU rules of data protection, consumer protection, and antitrust enforcement and merger control to be applied in “silos”. The new Opinion develops the notion and suggests that the Digital Single Market Strategy provides an opportunity for a “coherent approach”, and makes recommendations to support this.
New data-driven technologies and services are important for economic growth, which have become reliant on the “covert tracking” of individuals who are likely unaware of the tracking. There is the danger that larger companies may be able to block smaller companies from entering the market. This might also have the knock-on effect of creating an imbalance between the providers and consumers which may ultimately impact on choice, innovation and the protection of their personal data.
When considering the rights and freedoms set out in the Charter of Fundamental Rights of the EU – including the right to privacy, the protection of personal data and freedom of expression – it has been recognised that these rights are “threatened by normative behaviour and standards that now prevail in cyberspace.” So the latest Opinion encourages regulators to engage in dialogue and share lessons learned to work collaboratively and uphold the interests of individuals and society in the ever-growing digital environment.
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European Commission Publishes E-commerce Geo-Blocking Inquiry Findings
The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted or distorted in the sector. The inquiry focused on geo-blocking, a commercial practice whereby online providers block user access to the purchasing of goods or digital content services based on that user’s geographical location. Last year we reported on the EU’s strategy for a European ‘digital single market’ (DSM) which included putting an end to what it considered ‘unjustified geo-blocking’. The recent findings are that the use of geo-blocking is widespread throughout the EU, but that there are sometimes valid commercial reasons justifying the practice.
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