Abuse of Dominance in Non-Negotiable Privacy Policy in the Digital Market

Personal data and its use have become the front-line of businesses in the digital market. With the potential to be extracted for information, making this available for various purposes, big data transforms into a powerful tool for data controllers for effective marketing, defining strategic business...

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Bibliographic Details
Published in:European business organization law review 2017-12, Vol.18 (4), p.785-800
Main Author: Wahyuningtyas, Sih Yuliana
Format: Article
Language:English
Subjects:
Big Data
Commercial law
Comparative Law
Competition policy
Electronic commerce
European Law
International & Foreign Law
International Economic Law
Law
Law and Criminology
Marketing
Personal information
Privacy
Private International Law
Trade Law
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Summary:Personal data and its use have become the front-line of businesses in the digital market. With the potential to be extracted for information, making this available for various purposes, big data transforms into a powerful tool for data controllers for effective marketing, defining strategic business decisions, and establishing a strong foothold in the market. The use of personal data for targeted marketing exemplifies this. While privacy has been subject to the regime of privacy protection, privacy violation might entangle competition law analysis when it involves abuse of market dominance. This paper addresses these problems by discussing three key issues: first, how competition law addresses the use of personal data as the new frontier of innovation and competition; second, whether big data plays a role to qualify dominance; and third, if non-negotiable policy on privacy infringes the prohibition of dominance abuse under competition law.
ISSN:1566-7529
1741-6205
DOI:10.1007/s40804-017-0084-0