What The EXPERTS Do Not TELL Us About Data Protection? Part 28: The Hidden Link Between GDPR and Competition Law

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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