On Monday 27 August, the European Data Protection Board (EDPB) stated that a data protection assessment was necessary in any evaluation of abuse of dominant position and in the event of mergers of companies that have accumulated “significant informational power”.
In its declaration, the Board refers in particular to the in-depth investigation launched by the Commission in April into the planned acquisition of Shazam by the American giant Apple. The institution had concerns that the operation would reduce choice available to users of music streaming services (see EUROPE 12008).
In this context, the Commission - which must return its decision by 4 September - had announced its intentions of analysing the effects of this acquisition on commercially sensitive data concerning the customers of its competitors, amid concerns that Apple would be able to target these individuals to encourage them to switch to Apple Music.
“We consider it essential to assess longer-term implications for the protection of economic, data protection and consumer rights whenever a significant merger is proposed, particularly in technology sectors of the economy”, the Board responded.
It adds that to do so, the European data protection authorities are in favour of assessments that could be added to those of the competition authorities or conducted independently. (Original version in French by Marion Fontana)