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Data Privacy and Competition Law in the Age of
Big Data Unpacking the Interface
Through Complexity Science (Oxford Data
Protection Privacy Law)
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.
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