Personal Data and Consumer Welfare in the Digital Economy

Abstract

Safeguarding user rights and maximising consumer welfare in the digital economy, particularly in the context of personal data, requires an integrated approach that cuts across the fields of competition, consumer protection, and data protection. While the legal interventions in each of these fields are geared towards securing better outcomes for individuals, often in their capacity as consumers, there are significant differences in the available tools and remedies. Current and proposed regulatory frameworks in India, however, continue with a silo-based approach offering limited scope for cross-sectional analysis of consumer welfare issues in digital markets. We argue for the need to create appropriate legal and institutional mechanisms to facilitate interactions across the fields of competition, consumer protection, and data protection policies as well as sectoral policies.