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The Digital Data Protection Act of 2023 marks a significant development in safeguarding user data privacy in India and simultaneously emerges as a critical instrument in the anti-trust domain. Recognizing the transformative impact of artificial intelligence on data processing, this paper explores the inadequacies of addressing anti-competitive data practices exclusively under the Competition Act. It highlights the Competition Commission of India’s acknowledgment of the challenges ‘Data Harvesting’ poses to competition law. The analysis extends beyond conventional regulatory frameworks by arguing for an integrated approach considering the intersection of privacy and anti-trust issues. The paper advocates for responsible and mandatory data-sharing provisions under the Competition Act and segmented consent strategies under the Digital Data Protection Act. This dual approach addresses the legal complexities of rapid technological advancements, urging a cohesive policy response that spans multiple regulatory perspectives.

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Can the Digital Data Protection Act Bridge the Gap Between Privacy and Competition Law in the Age of Artificial Intelligence? Exploring the Confluence of Regulatory Domains Amidst Data Harvesting

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  • 发表日期：

    2025年

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  • Akash Bag,
  • Bhavya Tandon,
  • Anant V. Maria

摘要

The Digital Data Protection Act of 2023 marks a significant development in safeguarding user data privacy in India and simultaneously emerges as a critical instrument in the anti-trust domain. Recognizing the transformative impact of artificial intelligence on data processing, this paper explores the inadequacies of addressing anti-competitive data practices exclusively under the Competition Act. It highlights the Competition Commission of India’s acknowledgment of the challenges ‘Data Harvesting’ poses to competition law. The analysis extends beyond conventional regulatory frameworks by arguing for an integrated approach considering the intersection of privacy and anti-trust issues. The paper advocates for responsible and mandatory data-sharing provisions under the Competition Act and segmented consent strategies under the Digital Data Protection Act. This dual approach addresses the legal complexities of rapid technological advancements, urging a cohesive policy response that spans multiple regulatory perspectives.