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Business Barriers and Big Data in India And Africa: Protection of Personal Information Act ( Popia) And Competition Law


Affiliations
1 BBA LLB, VI Semester, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
2 BBA LLB, IV Semester, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
3 Principal, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
4 Associate Professor, Department of Commerce and Management, Acharya Bangalore B-School, Affiliated to Bangalore University, Bengaluru, Karnataka, India
 

Big Data has quickly penetrated most business areas in the past decade, posing challenges for the effectiveness of existing data protection rules, on one hand, but also for different aspects of competition law and its enforcement, on the other hand. Access to customer contact data or customer preferences has impacted on competitive parameters, raising completely new questions of competition law, e.g. in the context of data portability or digital cartels. However, the more fundamental issue arises if and how data protection compliance can or should be a parameter in the assessment of competition authorities around the world, being a well-known fact that, in principle, competitive assessment is bound only by welfare considerations.

 

Personal data has multiple impacts on all pillars of competition law – anti competitive agreements, abuse of dominance and merger control. While abuse of dominance and merger control relate to competitive harm via the access to greater customer data, the classic price fixing cartels are being replaced by seemingly irretraceable, big data-based price fixing algorithms. We shall be covering the aspects of the Data Protection in the light of Competition law covering the interest in merger review, fundamental right of data protection and the abuse of dominance along with the legal frameworks covering the aspects under the African law.


Keywords

Big Data, data protection, privacy issue, Indian Competition Act, African law
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Abstract Views: 204

PDF Views: 119




  • Business Barriers and Big Data in India And Africa: Protection of Personal Information Act ( Popia) And Competition Law

Abstract Views: 204  |  PDF Views: 119

Authors

Sai Datta Vamshi
BBA LLB, VI Semester, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
Khachitri T. N.
BBA LLB, IV Semester, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
Arathy K. B.
Principal, ABBS School of Law, Bangalore, Affiliated to Karnataka State Law University, India
Devaraja Nayaka K. M.
Associate Professor, Department of Commerce and Management, Acharya Bangalore B-School, Affiliated to Bangalore University, Bengaluru, Karnataka, India

Abstract


Big Data has quickly penetrated most business areas in the past decade, posing challenges for the effectiveness of existing data protection rules, on one hand, but also for different aspects of competition law and its enforcement, on the other hand. Access to customer contact data or customer preferences has impacted on competitive parameters, raising completely new questions of competition law, e.g. in the context of data portability or digital cartels. However, the more fundamental issue arises if and how data protection compliance can or should be a parameter in the assessment of competition authorities around the world, being a well-known fact that, in principle, competitive assessment is bound only by welfare considerations.

 

Personal data has multiple impacts on all pillars of competition law – anti competitive agreements, abuse of dominance and merger control. While abuse of dominance and merger control relate to competitive harm via the access to greater customer data, the classic price fixing cartels are being replaced by seemingly irretraceable, big data-based price fixing algorithms. We shall be covering the aspects of the Data Protection in the light of Competition law covering the interest in merger review, fundamental right of data protection and the abuse of dominance along with the legal frameworks covering the aspects under the African law.


Keywords


Big Data, data protection, privacy issue, Indian Competition Act, African law

References