scholarly journals Enabling the New Economic Actor: Personal Data Regulation and the Digital Economy

Author(s):  
Andy Crabtree

Significance Such programmes contribute not only to Indonesia’s efforts to boost the cyber readiness of its booming digital economy, but are also designed to maintain China's friendly relations with South-east Asia’s largest economy amid the intensifying technology tensions between China and the United States. Impacts The Personal Data Protection Law would need to clarify key provisions and concepts to be effective. The BSSN’s extensive powers will fuel civil society concerns about excessive state surveillance. Turning down Chinese technology suppliers carries cost and wider economic ramifications for Jakarta.


Author(s):  
Anna Aleksandrovna Bakulina

This article explores the vulnerabilities of Russia in the digital environment, as well as such phenomena of modern digital economy as cryptocurrencies, blockchain, big data, artificial intelligence, and robotics. The question is raised on the risks that humanity faces in the digital space, which entail the implementation of the latest technologies in society. The author offers the ways for their minimization. The article covers the project “Digital Economy” developed by the Government of the Russian Federation, which is intended for creation of sustainable and secure information and telecommunications infrastructure for high-speed transmission, processing and storage of data bulk, accessible to all organizations and households. Analysis is conducted on the modern enterprise in the sphere of information and communication technologies and the concept on the protection against personal data theft. The crucial role of the IT specialists in digitalization is highlighted. The conclusion is made that in digital space, the major threat to national security is the hacker attacks aimed at the theft of personal data, intellectual property, etc. The author believes that the minimization of risks detected in the course of research requires providing technology opportunity for the Russian Federation to store the collected data locally, rather than abroad. The all-round government influence on the research and legislative sphere, legislative orientation towards stimulating the development of innovation technologies would ensure safe and effective integration of socioeconomic sphere into the digital space.


2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.


2019 ◽  
Author(s):  
Anya Skatova ◽  
Rebecca Louise McDonald ◽  
Sinong Ma ◽  
Carsten Maple

Data is key for the digital economy, underpinning business models and service provision, and a lot of these valuable datasets are personal in nature. Information about individual behaviour is collected regularly by organisations. This information has value to businesses, the government and third parties. It is not clear what value this personal data has to consumers themselves. Much of the digital economy is predicated on people sharing personal data, however if individuals value their privacy, they may choose to withhold this data unless the perceived benefits of sharing outweigh the perceived value of keeping the data private. Further, they might be willing to pay for an otherwise free service if paying allowed them to avoid sharing personal data. We used five evaluation techniques to study preferences for protecting personal data online and found that consumers assign a positive value to keeping a variety of types of personal data private. We show that participants are prepared to pay different amounts to protect different types of data, suggesting there is no simple function to assign monetary value that can be identified for individual privacy in the digital economy. The majority of participants displayed remarkable consistency in their rankings of the importance of different types of data, a finding that indicates the existence of stable individual privacy preferences in protecting personal data. We discuss our findings in the context of research on the value of privacy and privacy preferences, and in terms of implications for future business models and consumer protection.


2021 ◽  
Vol 26 (3(88)) ◽  
Author(s):  
Ivan Voronchak ◽  
Yuriy Vovk

The paper investigates the theoretical and practical aspects of providing the corporate social responsibility in a digital economy. The digital transformation of economic activity necessitates a business response to fundamental new challenges and threats related to cybersecurity, privacy, copyright protection, blockchain, misinformation, ethical algorithms for artificial intelligence etc. The quantity and complexity of digitalization problems determines the need for a consistent and comprehensive approach to ensuring digital responsibility in economy. Corporate digital responsibility can be defined as a responsible and ethical using of digital technologies; forecasting the social, economic and environmental consequences of decisions made in the digital economy. The analysis of social reports and web resources of Ukrainian companies indicates that their potential of digital responsibility is limited to the digital skills transfer and partial using in communications with stakeholders. At the same time, there are promising ways of manifesting social responsibility of domestic enterprises: investments in digital infrastructure and education; using digital technologies to monitor the responsibility and business ethics of suppliers and contractors; digitalization of environmental management processes; protection of digital rights and personal data of customers, employees, partners; dialogue with real and potential stakeholders through digital channels. Foreign experience shows that it is efficient to form public-private partnership platforms in the field of digital responsibility and sustainable development. It is also appropriate for the government to develop and implement a strategy for the digital transformation, programs of economic and advisory support for digital social entrepreneurship; to form standards for assessing and reporting about corporate digital responsibility; to eliminate the institutional and legislative barriers to the digital economy development; to overcome the digital divide in society; to create algorithms for personal data processing and suitable digital platforms.


Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.


2021 ◽  
pp. 200-205
Author(s):  
Kieron O’Hara

This chapter examines the flow of data across borders, in order to support the digital economy. Governments are increasingly treating data as a national asset, which will give economic advantages to foreign companies, while compromising the privacy of citizens. India and other nations in the developing world are concerned that they will be reduced to providing data as raw material and will be forced to import high-value services from tech companies in the United States and China, rather than developing their own digital economies. Initiatives using World Trade Organization agreements to coordinate global trade in data, supported by China and the United States, are examined, but they have not persuaded sceptics, leading to accusations of neo-colonialism. India is leading the holdouts, which may influence the Internet’s future. The ideologies underlying the Four Internets are compared with respect to their views of flows of data.


2020 ◽  
Vol 74 ◽  
pp. 03008
Author(s):  
Katarina Repkova Stofkova ◽  
Jana Stofkova

Process of electronization is one of the milestones in the development of technological processes that leads to an improvement in the quality of life of citizens. The process of electronization is taking place all over the world. From the world leaders in the field of digitization of processes and data it is necessary to solve many things in the Slovak Republic, the development is in the right direction. The concept of national disclosure and delivery of important information is being addressed. The implementation of new information communication technologies and the introduction of processes have improved the awareness of citizens and businesses. By introducing open data into datasets, it also helps businesses to perform their activities more effectively. Open data contains non-personal data that is accessible to all and can be freely used, reused and distributed by everyone. This means that a certain type of data is available to everyone, in order to use and publish it at their own discretion, without restricting copyright, patents, or other control mechanisms. Improving aspects include raising awareness among citizens and businesses, improving the content of institutions providing such data, and so on. As part of the International Digital Economy and Society International Study, as well as the National Digital Economy and Society Index, a number of researches have been carried out that describe information and digitization. The paper lists the results of the survey focused on the ongoing development of the digital services.


2019 ◽  
Vol 12 (2) ◽  
pp. 87
Author(s):  
Itzayana Tlacuilo Fuentes

In the digital world, millions of consumers transfer their personal data to access and use new Internet technologies every day. The technology industry is making immense profits from this data. It is a social and economic fact that peoples’ personal data is used as an asset in the digital economy. Should consumers be compensated for the value of their personal data? This article argues that it is time to legally recognize the trade in personal data. As a response to increasing crossborder flows, governments protect personal data with privacy frameworks. However, it remains the decision of the consumer to give consent for the transfer of their data. This article proposes that an international framework that recognizes the trade of personal data could generate proper protection for the digital trade, while incentivizing free crossborder data flows and allowing the market to determine the value of the personal data. Moreover, consumers could share in the profits made from their personal information and will personally control their information and privacy. The use of personal data as an asset is a reality that can no longer be avoided. It is necessary to create legal standards to make trade of personal data more transparent, efficient and fair. This article aims to explore the idea of trading in one’s personal data is not a surrealistic scenario, rather, in practice this trade already exists.


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