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

06/10/2025 24 min
What The EXPERTS Do Not TELL Us About Data Protection? Part 28: The Hidden Link Between GDPR and Competition Law

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Episode Synopsis

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 Case1. Facebook’s Exploitation = Competition Breach via Privacy ViolationsThe 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-CompetitiveUnder 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 ConcernWhether 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 ContextThe 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 & BusinessesPeople 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 herehttps://www.linkedin.com/in/arletta-gorecka-25110413b/ Views are personal. Not legal advice. Info based on public sources at time of recording. The latest in Data Protection and Privacy Podcast by David ClarkeFollow me on Twitter @1davidclarke 98.6k FollowersJoin Linkedin GDPR Group 30,475 Others Members for FREE CoAuthor of an ICO certified GDPR scheme

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