Il problema delle competenze settoriali e l’adozione di un approccio olistico alla data-driven economy

This article analyses the digital ecosystem in which data are collected and managed by a network of agents seeking to generate profit from the information gathered: the so-called data-driven economy. The common European data space requires continuous balancing between (apparently) conflicting interests and principles: primarily between the freedom of economic initiative and the fundamental rights of the individual. Overall, an efficient and sustainable equilibrium must be determined between competition law, consumer protection law and data protection law. Given these characteristics, it is necessary to adopt a holistic approach to both the regulation of the sectors involved in the treatment of data and the resolution of cases concerning this issue. The aim of the article is twofold: firstly, it argues in favour of the need for cooperation between supervisory authorities and regulators of the aforementioned legal disciplines; secondly, it provides an examination of the role of competition law and its potential to act as an instrument of regulation ex post, favouring the development of privacy-enhancing services.