An article by Tim Cowen, chair of the Antitrust practice at Preiskel & Co, has been published in the International Institute of Communication’s March 2023 InterMedia issue. The article discusses the way in which authorities around the world have been addressing dominance within digital markets. The key areas of focus centred around the following items:…
On 28 March 2023, the European Data Protection Board (“EDPB”) adopted updated guidelines on the obligation for non-EU established controllers to notify supervisory authorities (“SA”) following a personal data breach. Article 4(12) of the General Data Protection Regulation (“GDPR”) stipulates that a personal data breach occurs when there is an “accidental or unlawful destruction, loss,…
Google has agreed to allow developers to offer alternative payment options in its app store after the CMA launched a probe into its control over Google Play in-app purchases. The investigation was launched in June 2022 following the CMA’s market study into ‘mobile ecosystems’. In its report, the CMA raised concerns that Google’s control over…
On 31 March 2023, the Italian Data Protection Authority (“DPA”) imposed a temporary ban and launched an investigation into the OpenAI-powered platform ChatGPT’s compliance with the General Data Protection Regulation (“GDPR”) following a data breach. The data breach took place on March 20th over a critical nine-hour period that left ChatGPT Plus (the subscription version…
On 4 April 2023, the Information Commissioner’s Office (ICO) announced that it had issued a £12.7m fine to the video-sharing platform TikTok Information Technologies UK Limited and TikTok Inc (TikTok) for a number of breaches of data protection law. This is one of the largest fines that the ICO has issued. Background to the ICO’s…
Summary On 3 April 2023, Ofcom announced the opening of an industry-wide enforcement programme in response to landline and broadband providers having missed the deadline to implement One Touch Switch (OTS) – a new process which will enable customers to switch provider in a day with a single phone call. This is part of the…
The issue – digital markets require swift enforcement[1] The Government accepts that swift enforcement is critical in fast-moving digital markets[2]. Without it smaller players are pushed out quickly, market concentration rises and innovation and entry are more difficult. Markets then don’t work well for consumers because prices rise and quality suffers. The EU, USA, Australian…
On 14 March 2023, the European Parliament adopted the Data Act, which regulates the fair access and use of data that is generated from connected devices to boost innovation by removing barriers that obstruct access to Internet of Things (“IoT”) data. The Data Act predominantly focuses on the untapped potential of industrial data, 80% of…
On 16 March 2023, an Advocate General Opinion (the “Opinion”) established that automated credit-scoring for the purpose of obtaining a loan constitutes ‘profiling’. The Advocate General (the “AG”) considered three key points raised by the Administrative Court of Wiesbaden and concluded that: 1) Automated decision making about the ability of a person to service a…
On Tuesday, March 22nd, the White House released the Economic Report of the President (ERP), a full chapter of which is devoted to Competition in the Digital Economy. See the full report here. The report summarises that the promised benefits of the internet have been undermined by over-concentration. Digital markets should be a great vehicle…
