In today’s rapidly evolving business environment, the intersection of data protection and competition law is increasingly relevant. This dynamic interplay is essential for data protection professionals and privacy experts to grasp, given the expanding role of personal data as a key business asset. The European Data Protection Board (EDPB) highlights the necessity for both sets of regulators to collaborate more closely to ensure individuals’ rights and effective market competition.
Key Insights:
– Mandatory Collaboration: In some scenarios, as determined by the CJEU’s judgment in Case C-252/21, collaboration between data protection and competition authorities is mandatory. This is crucial as it fosters shared objectives while maintaining the distinct goals of each legal framework.
– Regulatory Synergies: Both legal domains aim to protect individuals—data protection guards against unlawful use of personal data, whereas competition law ensures market fairness. Integrating these frameworks can enhance consumer protection by reinforcing respect for fundamental rights and competitive markets.
– Current Disparities and Models: Cooperation varies across EU member states, lacking EU-wide harmonization. Some states employ informal ad hoc consultations, while others use formal legal requirements or structured cooperation through Memoranda of Understanding (MoU).
Improving Cooperation:
– Strategic Actions and Frameworks: Authorities can benefit from joint strategic actions, workshops, regular meetings, and expert working groups. Such activities can help identify mutual interests and reduce barriers to effective collaboration.
– Framework Understanding: A basic grasp of the regulatory frameworks managed by counterpart authorities can enhance discussions, especially when addressing issues like market dominance and consent validity under GDPR.
– Cooperative Protocols: Establishing protocols within the limits of the duty of sincere cooperation may optimize reciprocal consultations and avoid operational redundancy in legal proceedings.
Conclusion:
Strengthening cooperation between data protection and competition authorities aligns the legal frameworks to better address the challenges posed by the digital economy, ensuring a holistic approach that safeguards both personal data and competitive practices. It’s essential for professionals in both fields to foster this synergy, enabling a more robust regulatory environment that benefits both consumers and compliant entities.
Original source link: [EDPB Position Paper](https://www.edpb.europa.eu/system/files/2025-01/edpb_position-paper_20250116_interplay-between-data-protection-and-competition-law_en.pdf)