데이터 이동권 관련 경쟁법적 문제 - 비교법적 방법으로 -

Personal information or data has become one of the most important elements in designing business models of digital platform ecosystems. Digital platforms usually focus on collecting and processing personal data of end users, thereby to improve value creation and value capture (monetization). However, it is possible that an end user or a data subject faces harms from certain platforms’ conducts when she or he cannot control her or his personal data, which is essential in ensuring fundamental rights. In addition, if we presume certain types of data in specific fields have characteristics of essential facility, a small size enterprise or business user cannot easily access to the data in concern. This may cause a problem of entry barrier or exclusion from the market. The problems above can be solved through a guarantee of the right to data portability. Nevertheless, data portability itself may bring another legal or policy issue. For example, excessive allowance of data portability may lead to harms to the third party when it involves infringement of data protection of others. Moreover, data portability may lead to economic concentration of incumbent monopolies. Therefore, it is necessary to examine the legal framework and enforcement of data portability to avoid any possible conflict or overlap between data protection law and competition law. This article aims to assess whether the implementation of legal provisions on data portability within the data protection act can satisfy the objective of competition law. In particular, it examines whether competition law can supplement data protection law through enforcing certain provisions and imposing remedies related to data portability.