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In brief

In the ongoing debate concerning data broker regulation, trade-offs between competition and privacy are not always holistically appreciated. This article— originally published in Competition Policy International’s TechReg Chronicle— examines the importance of data protection for individual privacy and access to data for competition, discusses the role of data brokers in data privacy and sharing, and reviews existing, new, and proposed regulations of data brokers who now face additional and varying restrictions in state and federal privacy and consumer protection laws that will increase their compliance costs.

While consumers may benefit from added privacy protections if the new laws and regulatory actions enhance data accuracy, the quality of disclosures, transparency, and fair information processing practices, consumers may suffer from increased fraud, reduced competition, fewer charge-free information services, price increases, and stifled innovation if additional regulations result in reduced competition, data sharing, and information availability. Smart, balanced regulations can create an environment where data brokers have a positive impact on the competitive marketplace.

Read the full article here.

Copyright CPI TechREG Chronicle reproduced with permission:


Lothar Determann has been helping companies in Silicon Valley and around the world take products, business models, intellectual property and contracts global for nearly 20 years. He advises on data privacy law compliance, information technology commercialization, interactive entertainment, media, copyrights, open source licensing, electronic commerce, technology transactions, sourcing and international distribution at Baker McKenzie in San Francisco & Palo Alto. He is a member of the Firm's International/Commercial Practice Group and the TMT and Healthcare industry groups.


Teisha Johnson is a member of Baker McKenzie's antitrust practice in Washington, DC. She advises clients on a wide range of antitrust and e-discovery matters, and has considerable experience counseling clients in government investigations, proposed mergers and acquisitions, compliance, and litigation matters.

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