On 1 February 2018, GSMA Europe hosted a Mobile Meetings Series on “Building a competitive framework for the benefit of European consumers”. The event focused on the challenges to the enforcement of competition policy arising from the data economy.
The intersections between competition, data protection and consumer policies are particularly significant in the digital economy where transactions involving the transfer of personal data play an important role. The rapid take-up of digital technologies (e.g. mobile communications, digital platforms, cloud computing), as well as the increasing usage of big data, might require a different approach to competition policy. During the meeting, the participants discussed the need to explore the implications on competition authorities’ work and on whether competition law can address the arising issues from data collection and usage.
In order to ensure an effective regulatory framework which allows consumers and businesses in the EU to benefit from the data economy, there is a general agreement in avoiding overregulation and promoting a balanced approach. As also confirmed by the outcome of the public consultation on the European data economy, the EU competition policy and consumer acquis are considered adequate to deal with the challenges resulting from emerging technologies. Nevertheless, the participants agreed that EU policy-makers should nudge EU legislation towards soft law and guide the implementation of EU law to ensure consumers’ protection as well as the free flow of data.
Participants also discussed about the unique nature of data and the importance of its processing to generate value. While discussing the specific features of data, several participants stressed the need to clarify the key principles and meanings in data economy (e.g. access, portability).
Furthermore, the debate brought the attention on the missing viewpoint of the industry. As stressed by some participants, while predominantly focused on consumers’ rights and personal data sharing, it is arguable that EU policymakers have lost sight of the industry’s perspective. Companies and investors are likely to be attracted to more open data market, where regulation is less rigid and more business-oriented.
The major takeaway of the discussion is the importance of the effective implementation of EU law at national level as a suitable alternative to legislating into a sector already widely regulated. Despite the specific nature of the data economy, participants agreed that the current legislation can be applied while fostering open data policy.
Hosted in our offices, the Mobile Meetings Series are small scale – but big scope – invitation only events for the Brussels public policy audience. Join us for a different take on the main issues affecting the mobile communications industry and its place in Europe’s information society.