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Big Tech needs tougher enforcement of regulations

Belle Beems, Assistant Professor of European Competition Law, claims in ‘dr Kelder en Co’ on Dutch Radio1 that the main challenge in regulating Big Tech companies is not new legislation but the effective enforcement of existing regulations.

Beems was recently awarded a PhD cum laude in Nijmegen for her research on the regulation of large online platforms. She says that the greatest challenge does not lie in the regulations themselves, but in how to enforce them. These days, personal data is seen as the 'new gold'. This data not only plays a role in privacy protection, but also in the functioning of markets. Research into the regulation of large online platforms shows that competition law and data protection law are increasingly overlapping as a result. There are also many different rules and regulators within Europe. 'When it comes to data breaches by large platforms with a dominant market position, it can be unclear whether the responsibility lies with the data protection authority in Dublin, the Authority for Consumers and Markets in The Hague, or the European Commission in Brussels,' Beems says.

Big Tech companies do not automatically comply with regulations. So, strong and independent institutions are needed to enforce compliance – for example through fines or other measures – Beems argues. At the same time, she warns against making sanctions political. She says that Trump's criticism that European fines against companies such as Meta and Apple are disguised economic sanctions is unjustified. Also, the view that European regulation by definition hinders innovation is incorrect. Different studies show that it is not EU rules that hinder innovation, but the strong market power of Big Tech. So, we need asymmetric regulation: stricter rules for the biggest platforms to ensure fair competition across the market.

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Listen to the dr Kelder en Co broadcast (from 41.16 min, in Dutch)

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