Family ties: The intersection of data protection and competition law in EU law

Francisco Costa-Cabral, Orla Lynskey

    Research output: Contribution to journalArticleScientificpeer-review

    20 Citations (Scopus)

    Abstract

    companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy.This paper maps the relationship between these legal frameworks. It identifies the commonalities that facilitate their intersection, whilst acknowledging their distinct methods and aims. It argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative yardstick when assessing non-price competition; data protection can thus act as an internal constraint on competition law. In addition, it advocates that following the Lisbon Treaty, data protection and other fundamental rights also exercise an external constraint on competition law and, in certain circumstances, can prevent or shape its application. As national and supranational regulators grapple with the challenge of facilitating a dynamic information economy that respects fundamental rights, recognition of these constraints would pave the way for a more coherent EU law approach to the digital society.
    Original languageEnglish
    Pages (from-to)11-50
    Number of pages40
    JournalCommon Market Law Review
    Volume54
    Issue number1
    Publication statusPublished - 2017

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