Coherence between Data Protection and Competition Law in Digital Markets
Series: Oxford Data Protection & Privacy Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 October 2023
- ISBN 9780198885610
- Binding Hardback
- No. of pages336 pages
- Size 241x165x25 mm
- Weight 654 g
- Language English 523
Categories
Short description:
Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for a more synergetic and mutually reinforcing approach towards data protection and competition law, anchored in the theory of 'sectional coherence.'
MoreLong description:
In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets.
Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.
Majcher's concept of sectorial coherence is groundbreaking, advocating for a more integrated approach that aligns competition and data protection objectives.The book's strength lies in its proposal for incorporating data protection values into competition law, while urging a shift from individual to collective empowerment in data protection. Majcher offers a compelling roadmap for legal reform, to create a cohesive regulatory framework for the digital age.
Table of Contents:
An Overview of EU Data Protection and Competition Law
Common Objectives and the Triple Challenge
Mapping the Interactions: Status Quo
Sectional Coherence as a New Paradigm
A competition Law Perspective on Sectional Coherence
A Data Protection Law Perspective on Sectional Coherence
The Big Picture
