The Intersection Between Data Privacy and Competition Law in Zero-Price Market-Based Digital Platforms

Abstract

In the digitalization era, business actors' motives to achieve a dominant position are increasingly diverse, especially in the technology sector. One of them is establishing a zero-price market-based service to attract many consumers, who later uses its consumers' personal data to reap profits and build barriers to market entry for its competitors. This paper discusses how competition law intersects with data privacy in the digital era, the relevance of the dominant position provisions in Law No. 5 Year 1999 in the digital era, and the preparation for establishing the new Indonesian competition law in the digital era. The research results of this paper show that in the digital age, business competition law and personal data protection can no longer be separated because many business actors use personal data to conduct unfair business competition. Therefore, establishing new Indonesian competition law in the digital era becomes urgent.