Data protection and digital competition
by Ian Brown and Douwe Korff
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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The UK’s “National Cyber [?] Force” has for the first time published detailed information about its work. But how can such a clandestine agency get genuinely independent advice?
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This is often a critique of data protection as a mechanism for AI regulation. But especially when combined with human rights and specific anti-discrimination law, how much of a gap does that leave?
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In July 2022, Twitter had 61.9m users reachable by advertisers in the 27 EU member states — passing the 45m user hurdle for designation as a Very Large Online Platform under the DSA, and potentially a DMA gatekeeper.
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