What The EXPERTS Do Not TELL Us About Data Protection? Part 28: The Hidden Link Between GDPR and Competition Law
Description
In this episode Arletta Gorecka Ph.D in Competition law | Lecturer in law at GIC | discusses competition law and privacy
🎙️ Top 5 Insights from the Podcast with Arletta Gorecka
Topic: Competition Law, Privacy & the Facebook Case
1. Facebook’s Exploitation = Competition Breach via Privacy Violations
- The German competition authority found Facebook abused its dominant position not through pricing or exclusion but by violating users' privacy.
- Consent was often buried in complex terms; users weren’t truly aware they were agreeing to pervasive data tracking.
Insight: This case set a precedent for framing GDPR breaches as competition law violations.
2. Excessive Data Collection Can Be Anti-Competitive
- Under Article 102 TFEU, collecting personal data in ways users don’t understand can be seen as an exploitative abuse.
- Even “privacy-enhancing” features like Apple ATT and Google Privacy Sandbox may still mislead or confuse users.
Point: Quality degradation (privacy loss) can now be treated as harm to consumers — even if there’s no price involved.
3. “Privacy Traps” Are a Growing Concern
- Whether a platform claims to be privacy-friendly or not, users can still be manipulated or exploited.
- Alet introduces the idea of the “privacy trap” — where both pro-privacy and anti-privacy approaches can lead to exploitative practices.
Key Thought: It’s not just about collecting data — it’s about how and why it’s being collected.
4. EU Law Now Recognises GDPR Breaches in Competition Context
- The CJEU (Court of Justice of the EU) now affirms that GDPR violations can be considered under competition law, but it’s not automatic.
- Collaboration between Data Protection Authorities (DPAs) and Competition Authorities is crucial — though still inconsistent across EU states.
Takeaway: Legal coordination is improving, but still needs reform (e.g., decentralising enforcement beyond Ireland).
5. Transparency Is the Solution — For Both Consumers & Businesses
- People often don’t read or understand terms, and consent is mostly uninformed.
- Alet recommends practical transparency tools like videos, visual cues, or real-time data usage popups to help users understand what’s happening.
Advice to businesses: Be clear, simple, and proactive about data use.
Advice to users: Know that your data = your value, even if you don’t pay with money.
You can contact Arletta Gorecka Ph.D here
https://www.linkedin.com/in/arletta-gorecka-25110413b/
Views are personal. Not legal advice. Info based on public sources at time of recording.
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