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Is Data Portability an Effective Remedy to Data Monopoly: A Study on the Online Platform Competition

Zheng, Shuxin LU (2023) JAEM03 20221
Department of Law
Faculty of Law
Abstract
Data is essential for the competition in digital economy. Online platforms use advanced technology to utilize users’ data to improve competition advantage. The occurrence of data monopoly has become a new type of monopoly in the data-driven market, frequently appearing through abusive practices that lock in users and increase entry barrier. The General Data Protection Regulation (GDPR), which was put into effect in 2018, includes the Right to Data Portability (RtDP), which has the potential to break the lock-in of personal data in dominant online platforms and promote competition and innovation. However, the RtDP is rarely applied and case law is still limited. Can a right originated from human rights regime be utilized as remedy to data... (More)
Data is essential for the competition in digital economy. Online platforms use advanced technology to utilize users’ data to improve competition advantage. The occurrence of data monopoly has become a new type of monopoly in the data-driven market, frequently appearing through abusive practices that lock in users and increase entry barrier. The General Data Protection Regulation (GDPR), which was put into effect in 2018, includes the Right to Data Portability (RtDP), which has the potential to break the lock-in of personal data in dominant online platforms and promote competition and innovation. However, the RtDP is rarely applied and case law is still limited. Can a right originated from human rights regime be utilized as remedy to data monopoly? What is the impact of this right in terms of data monopoly? Is there any better way to realize the same goal apart from competition law department? With the introduction of the Data Act, Data Governance Act and Digital Market Act, obligation of data interoperability for online platforms, making free flow of various data without involvement of data subject, along with the RtDP in GDPR could be the ultimate means to increase competition in online platform markets. (Less)
Please use this url to cite or link to this publication:
author
Zheng, Shuxin LU
supervisor
organization
course
JAEM03 20221
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Data portability Competition Law Data Monopoly Data interoperability
language
English
id
9111481
date added to LUP
2023-03-15 13:22:36
date last changed
2023-03-15 13:22:40
@misc{9111481,
  abstract     = {{Data is essential for the competition in digital economy. Online platforms use advanced technology to utilize users’ data to improve competition advantage. The occurrence of data monopoly has become a new type of monopoly in the data-driven market, frequently appearing through abusive practices that lock in users and increase entry barrier. The General Data Protection Regulation (GDPR), which was put into effect in 2018, includes the Right to Data Portability (RtDP), which has the potential to break the lock-in of personal data in dominant online platforms and promote competition and innovation. However, the RtDP is rarely applied and case law is still limited. Can a right originated from human rights regime be utilized as remedy to data monopoly? What is the impact of this right in terms of data monopoly? Is there any better way to realize the same goal apart from competition law department? With the introduction of the Data Act, Data Governance Act and Digital Market Act, obligation of data interoperability for online platforms, making free flow of various data without involvement of data subject, along with the RtDP in GDPR could be the ultimate means to increase competition in online platform markets.}},
  author       = {{Zheng, Shuxin}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Is Data Portability an Effective Remedy to Data Monopoly: A Study on the Online Platform Competition}},
  year         = {{2023}},
}