Data protection and digital competition
by Ian Brown and Douwe Korff
Cristina Caffarra’s annual competition-fest today in Brussels was as speaker- and content-packed as ever. As well as much discussion of the eagerly anticipated deadline for Digital Markets Act compliance in five weeks, it was a fascinating look beyond narrow antitrust policy to competition policy linkages with industrial and trade policy (with lots of AI on the side).
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Technology policy and regulation continues to need more input from technology experts. But please techies (I’m one myself): learn a little about policy and regulation as well?
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On 17 October 2023, the UK First-Tier Tribunal held the use of the surveillance system offered by the US company Clearview by non-UK law enforcement and intelligence agencies constituted “an activity which, immediately before [Brexit] completion day, fell outside the scope of EU law”, and hence the GDPR. In this brief analysis, I look at why the Tribunal came to this conclusion, and show it is fundamentally flawed.
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The European Data Protection Supervisor Opinion is a well-meant but ultimately futile and doomed attempt to put parts of a thing – the Commission’s proposed framework for financial data sharing – into a box – the General Data Protection Regulation (GDPR) – from which it is designed to escape.
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It’s popcorn time: the European Commission will tomorrow publish its first list of the “core platform services” it has designated under the Digital Markets Act (DMA), and hence are subject to its obligations. Today’s Financial Times reports that Apple and Microsoft are pushing back against designation of iMessage and Bing.
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What type of service is TikTok under the Digital Markets Act? And should an interoperability requirement be applied to its new Twitter-like service?
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Our responses to chapter 3 of Lord Anderson’s review of the UK Investigatory Powers Act, on the use of bulk datasets with “low/no expectation of privacy” by the intelligence agencies.
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Many thanks to Tommaso Valletti and Cristina Caffarra for organising this spectacularly good panel on antitrust and generative AI. It’s well worth watching in full, but I’ve tried to capture some key points.
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This Guardian article is helpful for containing so many of the questionable assumptions behind calls to strictly limit open source AI tools.
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The Bundeskartellamt (Federal Cartel Office) has been undertaking a long-running sector study of the German messenger (and video services) market, and today has published its final report. I wanted to add a few comments to elements of the report, because without a close reading of the DMA’s provisions it is easy to draw incorrect assumptions about implications of the BKA’s conclusions.
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