beems

The Interaction between Enforcers of Competition Law, the DMA, and the GDPR

An Inquiry into the Coherence of Enforcement across Legal Domains

Belle Beems

Over the past decades, a complex ’puzzle’ has materialised in the regulation of personal data markets, in which the competences of enforcers of various legal branches and different legal orders or jurisdictions increasingly overlap. This timely and deeply researched book assesses the interplay in this context of competition law, the DMA, and the GDPR at the European Union (EU) level and in the legal orders of the Netherlands and Germany, with a particular focus on the mechanisms that facilitate the interaction between different enforcers.

Providing a full-scale coherence analysis of the relevant multi-layered frameworks, the author explores features such as the following:

• characteristics of personal data markets;

• the enforcement of competition law, the DMA and the GDPR in the context of personal data markets, particularly emphasising the interplay between these legal fields;

• rules of pre-emption and hierarchy of norms, as well as mechanisms for cooperation; and

• the extent to which existing tools guarantee the coherent application of competition law, the DMA and the GDPR to personal data markets.

The presentation draws on legislation, case law, policy documents, and legal literature, and provides recommendations for improving the overall coherence of relevant domains of law regulating Big Tech.

The book sheds welcome light on the division of tasks between EU and national authorities, with precise attention to important principles governing the complementary application of EU and national rules. It will prove of great value to practitioners concerned with privacy and the digital-related aspects of competition law, to competition and data protection authorities, and to businesses wishing to minimise compliance costs.