Abstract
Contrary to most articles that have been recently written about data protection and dominant technology firms, this paper suggests that no direct government intervention is needed. Market forces are empowering the users who really care about their privacy rights; now users have privacy-oriented alternatives to the apps they were historically dependent upon, and they have been taking advantage of those alternatives. Firms have realized that privacy is a non-price dimension of competition and they can attract users by offering more privacy: the privacy features implemented in the new versions of Apple iOS and Google Android are good examples. Also, privacy-oriented apps have been able to capture users who are not satisfied with the data handling practices of dominant firms, with those dominant firms being a channel for the expansion of their privacy-oriented rivals. Those market developments, which indicate a potential creative destruction, should not be disregarded by legal scholars and policymakers. This article discusses recent trends towards data protection and applicable legal and public policy implications.
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