Should Gatekeepers Be Allowed to Combine Data? - Ideas for Art. 5(a) of the Draft Digital Markets Act

20 Pages Posted: 8 Jun 2021

See all articles by Rupprecht Podszun

Rupprecht Podszun

Heinrich Heine University Dusseldorf - Faculty of Law; Max Planck Institute for Innovation and Competition

Date Written: June 4, 2021

Abstract

Should digital gatekeepers be allowed to gather data from users and combine data from different sources? That is one of the key substantive questions of the Digital Markets Act. It is currently addressed in Art. 5(a) of the draft DMA.

There are two problems with the current wording: First, it is not specific enough to work as a self-executable provision. Secondly, it could happen that users are nudged into giving consent easily so that the gatekeepers can continue to expand their sets of personal data, without users having a “real” say and with third parties losing out in competition. In this contribution, I analyse this problem.

My suggestion is to resort to a “rating solution”: Qualified entities, e.g. trusted data intermediaries, should rate, certify or label the data options offered by the gate-keepers and serve as “data guides” for consumers. I also look at other policy options and more radical solutions to the data problem with the GAFA companies Google, Apple, Facebook and Amazon.

Keywords: Digital Markets Act, DMA, data protection, data combination, privacy, competition, GAFA

JEL Classification: K20, K21

Suggested Citation

Podszun, Rupprecht, Should Gatekeepers Be Allowed to Combine Data? - Ideas for Art. 5(a) of the Draft Digital Markets Act (June 4, 2021). Available at SSRN: https://ssrn.com/abstract=3860030 or http://dx.doi.org/10.2139/ssrn.3860030

Rupprecht Podszun (Contact Author)

Heinrich Heine University Dusseldorf - Faculty of Law

Universitätsstr. 1
Düsseldorf, D-40225
Germany

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de/de/pub/wissenschaftler/wissenschaftliche_mitarbeiter/rupprecht_podszun.cfm

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
373
Abstract Views
1,267
rank
110,128
PlumX Metrics