Digital Technology Regulation
The New Convergence of Privacy, Competition, and Digital Governance
Governments are increasingly pursuing an aggressive, multifaceted approach towards regulatory enforcement of tech industries and information technologies. We see growing cross-disciplinary collaboration among enforcement agencies responsible for antitrust/competition, privacy/data protection, consumer protection, and financial/economic regulation. Across the U.S. and Europe, this trend is evident in recent legislative proposals, regulatory initiatives, investigations, and court proceedings.
In the U.S., a number of legislative proposals aim to promote both data privacy and competition, including the American Innovation and Choice Online Act (AICOA), the Open App Markets Act, and the American Data Privacy and Protection Act (ADPPA). The Biden administration and Federal Trade Commission (FTC) have opened the door to new policy considerations in competition assessments.
Likewise in Europe, data privacy and competition issues converge under various EU legislative proposals, including the Digital Markets Act (DMA), Digital Services Act (DSA), Data Governance Act, Data Act, and Artificial Intelligence Act, as well as new initiatives to explore emerging technologies. In parallel, EU Member States are launching their own (often overlapping) digital regulations.
Meanwhile, the UK is following its own agenda after Brexit, advancing new competition, consumer, and online safety rules and investigations through the close collaboration of the Competition and Markets Authority (CMA), Information Commissioner’s Office (ICO), and other key regulators.
It will become increasingly important to understand the nuances and practical application of these emerging legal frameworks. The influx of regulation gives rise to the risk of overlapping and conflicting enforcement actions, and it is likely we will see a surge in litigation as these new obligations are tested by companies and regulators alike.
This page provides a variety of substantive resources prepared by our lawyers to help you track upcoming legislation and policy initiatives as well as to navigate any implications for compliance, communications, and regulatory strategies within your business.
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