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The monetization of personal data has become an increasingly common business practice, igniting global debate on the interface between data privacy law and competition law. Data Privacy and Competition Law in the Age of Big Data provides a comprehensive, novel, and interdisciplinary analysis of this nexus. Drawing insights from emergent properties and complexity science, the book exposes the commonalities and conflicts between how data privacy law and competition law address challenges resulting from the commercialization of personal data.Samson Y. Esayas begins by identifying key shifts in big data: the growing trend of processing personal data for diverse purposes, the aggregation of data across various operations, and the shift from offering stand-alone products and services to ecosystems of several, with personal data central in connecting the different markets. These shifts engender a complex economic landscape, marked by multiple actors, a web of interactions, and non-linear, emergent outcomes. Despite this complexity, the prevailing approach to data privacy law and competition law emphasises isolated units of analysis-whether a relevant market or a distinct processing operation. This approach overlooks system-wide (emergent) risks borne of cumulative processing operations and cross-market practices. Additionally, a mindset focused on either data privacy law or competition law overlooks the increasing intersection between the two regimes, missing opportunities for synergy.In light of these challenges, Esayas's volume calls for recalibrating data privacy law and competition law for a complex economy, emphasizing a holistic, systems-level perspective that addresses emergent harms and a polycentric strategy that leverages the strengths of each legal regime.
This book investigates the regulatory friction between data privacy law and competition law within the context of the modern big data economy. Samson Y. Esayas, a legal scholar, utilizes the framework of complexity science to analyze how personal data monetization creates emergent risks that traditional, siloed legal approaches fail to capture. The author argues that current regulatory regimes are ill-equipped to address the non-linear outcomes of data aggregation and cross-market ecosystems, proposing a shift toward a holistic, systems-level legal strategy.
What You Will Find
Legal scholars and policy experts recognize this work as a rigorous interdisciplinary examination of digital regulation. Readers frequently note the academic density of the prose, which serves as a foundational text for those studying the intersection of antitrust law and data protection.
Page Count:
384
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0198891423
ISBN-13:
9780198891420
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