# Official Journal C 225/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 225 |
| | |
| English edition | Information and Notices | Volume 5716 July 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 225

English edition

Information and Notices

Volume 5716 July 2014

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 225/01 | Non-opposition to a notified concentration (Case M.7301 — PAI Partners/Euro Media Group) (
  1
  ) | 1 |
| 2014/C 225/02 | Non-opposition to a notified concentration (Case M.7287 — CD&R Fund IX/Mauser) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 225/01

Non-opposition to a notified concentration (Case M.7301 — PAI Partners/Euro Media Group) (
  1
  )

1

1

2014/C 225/02

Non-opposition to a notified concentration (Case M.7287 — CD&R Fund IX/Mauser) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 225/03 | Euro exchange rates | 2 |
| 2014/C 225/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 3 |
| 2014/C 225/05 | Adoption of Commission Decision on the notification by the Hellenic Republic of a modified transitional national plan referred to in Article 32 of Directive 2010/75/EU on industrial emissions | 4 |
| 2014/C 225/06 | New national side of euro coins intended for circulation | 5 |
| | European Data Protection Supervisor |
| 2014/C 225/07 | Executive Summary of the Preliminary Opinion of the European Data Protection Supervisor on privacy and competitiveness in the age of big data | 6 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 225/08 | Information communicated by Member States regarding closure of fisheries | 13 |
| 2014/C 225/09 | Information communicated by Member States regarding closure of fisheries | 13 |
| 2014/C 225/10 | Information communicated by Member States regarding closure of fisheries | 14 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 225/03

Euro exchange rates

2

2014/C 225/04

Explanatory Notes to the Combined Nomenclature of the European Union

3

2014/C 225/05

Adoption of Commission Decision on the notification by the Hellenic Republic of a modified transitional national plan referred to in Article 32 of Directive 2010/75/EU on industrial emissions

4

2014/C 225/06

New national side of euro coins intended for circulation

5

European Data Protection Supervisor

2014/C 225/07

Executive Summary of the Preliminary Opinion of the European Data Protection Supervisor on privacy and competitiveness in the age of big data

6

NOTICES FROM MEMBER STATES

2014/C 225/08

Information communicated by Member States regarding closure of fisheries

13

2014/C 225/09

Information communicated by Member States regarding closure of fisheries

13

2014/C 225/10

Information communicated by Member States regarding closure of fisheries

14

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| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 16.7.2014 | EN | Official Journal of the European Union | C 225/1 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/1

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Non-opposition to a notified concentration

(Case M.7301 — PAI Partners/Euro Media Group)

(Text with EEA relevance)

(2014/C 225/01)

On 8 July 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes; |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes;

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7301. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7301. EUR-Lex is the on-line access to the European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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| 16.7.2014 | EN | Official Journal of the European Union | C 225/1 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/1

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Non-opposition to a notified concentration

(Case M.7287 — CD&R Fund IX/Mauser)

(Text with EEA relevance)

(2014/C 225/02)

On 8 July 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7287. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7287. EUR-Lex is the online access to the European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 16.7.2014 | EN | Official Journal of the European Union | C 225/2 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/2

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Euro exchange rates (1)

15 July 2014

(2014/C 225/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3613 |
| JPY | Japanese yen | 138,28 |
| DKK | Danish krone | 7,4567 |
| GBP | Pound sterling | 0,79310 |
| SEK | Swedish krona | 9,2564 |
| CHF | Swiss franc | 1,2142 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4305 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,431 |
| HUF | Hungarian forint | 309,20 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1408 |
| RON | Romanian leu | 4,4235 |
| TRY | Turkish lira | 2,8878 |
| AUD | Australian dollar | 1,4522 |
| CAD | Canadian dollar | 1,4611 |
| HKD | Hong Kong dollar | 10,5501 |
| NZD | New Zealand dollar | 1,5465 |
| SGD | Singapore dollar | 1,6905 |
| KRW | South Korean won | 1 397,96 |
| ZAR | South African rand | 14,5370 |
| CNY | Chinese yuan renminbi | 8,4448 |
| HRK | Croatian kuna | 7,6210 |
| IDR | Indonesian rupiah | 15 991,34 |
| MYR | Malaysian ringgit | 4,3451 |
| PHP | Philippine peso | 59,389 |
| RUB | Russian rouble | 46,7311 |
| THB | Thai baht | 43,751 |
| BRL | Brazilian real | 3,0166 |
| MXN | Mexican peso | 17,6520 |
| INR | Indian rupee | 81,8277 |

Currency

Exchange rate

USD

US dollar

1,3613

JPY

Japanese yen

138,28

DKK

Danish krone

7,4567

GBP

Pound sterling

0,79310

SEK

Swedish krona

9,2564

CHF

Swiss franc

1,2142

ISK

Iceland króna

NOK

Norwegian krone

8,4305

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,431

HUF

Hungarian forint

309,20

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1408

RON

Romanian leu

4,4235

TRY

Turkish lira

2,8878

AUD

Australian dollar

1,4522

CAD

Canadian dollar

1,4611

HKD

Hong Kong dollar

10,5501

NZD

New Zealand dollar

1,5465

SGD

Singapore dollar

1,6905

KRW

South Korean won

1 397,96

ZAR

South African rand

14,5370

CNY

Chinese yuan renminbi

8,4448

HRK

Croatian kuna

7,6210

IDR

Indonesian rupiah

15 991,34

MYR

Malaysian ringgit

4,3451

PHP

Philippine peso

59,389

RUB

Russian rouble

46,7311

THB

Thai baht

43,751

BRL

Brazilian real

3,0166

MXN

Mexican peso

17,6520

INR

Indian rupee

81,8277

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(1)  Source: reference exchange rate published by the ECB.

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| 16.7.2014 | EN | Official Journal of the European Union | C 225/3 |
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16.7.2014

EN

Official Journal of the European Union

C 225/3

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Explanatory Notes to the Combined Nomenclature of the European Union

(2014/C 225/04)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 155, the Explanatory note to CN subheadings ‘3301 12 10 to 3301 19 80 Essential oils of citrus fruit’ is replaced by the following:

| ‘3301 12 10 | Essential oils of citrus fruit |
| --- | --- |
| to | |
| 3301 19 80 | These oils are obtained, almost entirely, from the peel of the fruit. They have a pleasant odour which is similar to that of the fruit used in their preparation. Orange-blossom oils or neroli oil are not regarded as essential oils of citrus fruit and are classified in subheading 3301 29 41 or 3301 29 91.
  A deterpenated essential oil is an essential oil where the content of the monoterpenic hydrocarbons has been partially or completely removed.’ |

‘3301 12 10

Essential oils of citrus fruit

to

3301 19 80

These oils are obtained, almost entirely, from the peel of the fruit. They have a pleasant odour which is similar to that of the fruit used in their preparation. Orange-blossom oils or neroli oil are not regarded as essential oils of citrus fruit and are classified in subheading 3301 29 41 or 3301 29 91.

A deterpenated essential oil is an essential oil where the content of the monoterpenic hydrocarbons has been partially or completely removed.’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 137, 6.5.2011, p. 1.

2

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| 16.7.2014 | EN | Official Journal of the European Union | C 225/4 |
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16.7.2014

EN

Official Journal of the European Union

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Adoption of Commission Decision on the notification by the Hellenic Republic of a modified transitional national plan referred to in Article 32 of Directive 2010/75/EU on industrial emissions

(2014/C 225/05)

On 7 July 2014, the Commission adopted Decision C(2014) 4533 final on the notification by the Hellenic Republic of a modified transitional national plan referred to in Article 32 of Directive 2010/75/EU on industrial emissions (1).

This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee

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(1)  OJ L 334, 17.12.2010, p. 17.

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| 16.7.2014 | EN | Official Journal of the European Union | C 225/5 |
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16.7.2014

EN

Official Journal of the European Union

C 225/5

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New national side of euro coins intended for circulation

(2014/C 225/06)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Malta

Subject of commemoration
  : 200 years of Malta Police Force

Description of the design
  : The coin commemorates the 200th anniversary of the Malta Police Force which was set up by means of proclamation XXII of 1814. Thus the Malta Police Force is one of the oldest in Europe. The national side of the coin depicts the badge of the Malta Police Force with the legend ‘200 Years Malta Police Force’ and the dates 1814-2014.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued
  :

Date of issue
  : July 2014

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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European Data Protection Supervisor

| 16.7.2014 | EN | Official Journal of the European Union | C 225/6 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/6

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Executive Summary of the Preliminary Opinion of the European Data Protection Supervisor on privacy and competitiveness in the age of big data

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2014/C 225/07)

SUMMARY

EU approaches to data protection, competition and consumer protection share common goals, including the promotion of growth, innovation and the welfare of individual consumers. In practice, however, collaboration between policy-makers in these respective fields is limited.

Online services are driving the huge growth in the digital economy. Many of those services are marketed as ‘free’ but in effect require payment in the form of personal information from customers. An investigation into the costs and benefits of these exchanges for both consumers and businesses is now overdue.

Closer dialogue between regulators and experts across policy boundaries can not only aid enforcement of rules on competition and consumer protection, but also stimulate the market for privacy-enhancing services.

1.   Introduction

| 1. | The digital economy holds many advantages for consumers and citizens. Online services offer unprecedented scope for social connections, innovation and efficient problem-solving. At the same time, users of these services disclose masses of information about themselves. The volume and variety of data generated cannot be handled by traditional data mining and analysis technologies, but control of this information is now increasingly possible thanks to the development known as ‘big data’ (1). Extracting value from big data has become a significant source of power for the biggest players in internet markets. Not all big data is personal, but for many online offerings which are presented or perceived as being ‘free’, personal information operates as a sort of indispensable currency used to pay for those services. As well as benefits, therefore, these growing markets pose specific risks to consumer welfare and to the rights to privacy and data protection. |
| --- | --- |

1.

The digital economy holds many advantages for consumers and citizens. Online services offer unprecedented scope for social connections, innovation and efficient problem-solving. At the same time, users of these services disclose masses of information about themselves. The volume and variety of data generated cannot be handled by traditional data mining and analysis technologies, but control of this information is now increasingly possible thanks to the development known as ‘big data’ (1). Extracting value from big data has become a significant source of power for the biggest players in internet markets. Not all big data is personal, but for many online offerings which are presented or perceived as being ‘free’, personal information operates as a sort of indispensable currency used to pay for those services. As well as benefits, therefore, these growing markets pose specific risks to consumer welfare and to the rights to privacy and data protection.

| 2. | EU principles and rules on data protection, competition and consumer protection have been designed to promote a thriving internal market and to protect the individual. Greater convergence in the application of these policies could help meet the challenges posed by the big data economy. However, to date, policies have tended to develop in parallel with little interaction on subjects of common concern (2). Moreover, EU policy makers and regulators have until now typically focused on markets for products and services traded in exchange for money. As consumers and businesses both adapt to and propel constant changes in technology, there is an onus on policymakers and regulators to keep pace, as reflected in the recent political commitment to the ‘completion’ of the ‘Digital Single Market’ (3). |
| --- | --- |

2.

EU principles and rules on data protection, competition and consumer protection have been designed to promote a thriving internal market and to protect the individual. Greater convergence in the application of these policies could help meet the challenges posed by the big data economy. However, to date, policies have tended to develop in parallel with little interaction on subjects of common concern (2). Moreover, EU policy makers and regulators have until now typically focused on markets for products and services traded in exchange for money. As consumers and businesses both adapt to and propel constant changes in technology, there is an onus on policymakers and regulators to keep pace, as reflected in the recent political commitment to the ‘completion’ of the ‘Digital Single Market’ (3).

| 3. | The EDPS promotes a ‘data protection culture’ in EU institutions and bodies where data protection principles find expression in all relevant areas of policy and law (4). As a contribution to that aim, this preliminary Opinion seeks to stimulate a dialogue between experts and practitioners, including EU institutions and national regulatory authorities from the competition, consumer protection and data protection fields. The EDPS will then reflect on the views and ideas arising from this exercise in a follow-up Opinion and include recommendations for action. |
| --- | --- |

3.

The EDPS promotes a ‘data protection culture’ in EU institutions and bodies where data protection principles find expression in all relevant areas of policy and law (4). As a contribution to that aim, this preliminary Opinion seeks to stimulate a dialogue between experts and practitioners, including EU institutions and national regulatory authorities from the competition, consumer protection and data protection fields. The EDPS will then reflect on the views and ideas arising from this exercise in a follow-up Opinion and include recommendations for action.

| 4. | Chapter 2 of this Opinion begins by outlining trends in the digital economy and the role of personal data in the age of big data. Chapter 3 addresses the relevant aspects of EU rules on data protection, competition and consumer protection. Chapter 4 presents an analysis of the interrelations between the three policy areas:






  — | how the control of personal information contributes to market power in the digital economy and the implications for data protection; |
| --- | --- | --- |

4.

Chapter 2 of this Opinion begins by outlining trends in the digital economy and the role of personal data in the age of big data. Chapter 3 addresses the relevant aspects of EU rules on data protection, competition and consumer protection. Chapter 4 presents an analysis of the interrelations between the three policy areas:

—

how the control of personal information contributes to market power in the digital economy and the implications for data protection;

| — | the risks to the consumer posed by concentrations and the abuse of market dominance where firms process massive amounts of personal data; and |
| --- | --- |

—

the risks to the consumer posed by concentrations and the abuse of market dominance where firms process massive amounts of personal data; and

| — | how the growth of a vibrant market for privacy–enhancing services (5) can be encouraged by strengthening informed consumer choice. |
| --- | --- |

—

how the growth of a vibrant market for privacy–enhancing services (5) can be encouraged by strengthening informed consumer choice.

The importance of joined-up thinking, enforcement and cooperation between supervisory authorities at international, EU and national level is also emphasised (6).

| 5. | In conclusion, Chapter 5 looks ahead to possible policy responses, and invites the Commission, national supervisory authorities, advocacy groups and legal practitioners to engage in a broader and deeper discussion on this matter. At the start of each section, bullet points and cross references aim to guide the reader through the key arguments and intersections between the three areas of EU law. A summary of these interfaces is presented in the Annex to this document. |
| --- | --- |

5.

In conclusion, Chapter 5 looks ahead to possible policy responses, and invites the Commission, national supervisory authorities, advocacy groups and legal practitioners to engage in a broader and deeper discussion on this matter. At the start of each section, bullet points and cross references aim to guide the reader through the key arguments and intersections between the three areas of EU law. A summary of these interfaces is presented in the Annex to this document.

5.   Conclusion: further investigation and discussion required

The rapidly expanding online market or markets... increasingly touch all aspects of business. Making sure competition works effectively in these markets will be a major priority... the growing collection, processing and use of consumer transaction data for commercial ends ...is proving an increasingly important source of competitive advantage [which could be] an increasing source of consumer detriment.

(From Beesley Lectures speech by David Currie, chairman of UK Competition and Markets Authority, 7.11.2013).

| 85. | This preliminary Opinion has explored and considered the possible convergences and tensions between three areas of EU law, against the fast evolving backdrop of big data. Although privacy and the protection of personal data are public interests and fundamental rights recognised in the Treaties, the lack of interaction in the development of policies on competition, consumer protection and data protection may have reduced both the effectiveness of competition rules’ enforcement and the incentive for developing services which enhance privacy and minimise potential for harm to the consumer. In the digital economy personal information represents a significant intangible asset in value creation and a currency in the exchange of online services. This has potentially far-reaching implications for the interpretation of key concepts including transparency, market dominance, and consumer welfare and harm. |
| --- | --- |

85.

This preliminary Opinion has explored and considered the possible convergences and tensions between three areas of EU law, against the fast evolving backdrop of big data. Although privacy and the protection of personal data are public interests and fundamental rights recognised in the Treaties, the lack of interaction in the development of policies on competition, consumer protection and data protection may have reduced both the effectiveness of competition rules’ enforcement and the incentive for developing services which enhance privacy and minimise potential for harm to the consumer. In the digital economy personal information represents a significant intangible asset in value creation and a currency in the exchange of online services. This has potentially far-reaching implications for the interpretation of key concepts including transparency, market dominance, and consumer welfare and harm.

| 86. | A comprehensive response to these challenges requires more time for investigation, reflection and discussion, but might include any or all of the following:






  — | raised awareness among consumers, service providers and regulators of current and future technological developments in relevant markets in the digital economy and the implications for competitiveness, consumer welfare and choice and innovation around privacy-enhancing services; |
| --- | --- | --- |

86.

A comprehensive response to these challenges requires more time for investigation, reflection and discussion, but might include any or all of the following:

—

raised awareness among consumers, service providers and regulators of current and future technological developments in relevant markets in the digital economy and the implications for competitiveness, consumer welfare and choice and innovation around privacy-enhancing services;

| — | effective guidance on the application of privacy, competition and consumer protection rules for online services, in particular those promoted as ‘free’ services, which takes into account the views of customers and competitors and evidence of customer preferences and concerns; |
| --- | --- |

—

effective guidance on the application of privacy, competition and consumer protection rules for online services, in particular those promoted as ‘free’ services, which takes into account the views of customers and competitors and evidence of customer preferences and concerns;

| — | cooperation between authorities in investigation and enforcement, for example in identifying scenarios and possible standards for measuring market power in the digital economy, and consultation on investigations into individual cases; and |
| --- | --- |

—

cooperation between authorities in investigation and enforcement, for example in identifying scenarios and possible standards for measuring market power in the digital economy, and consultation on investigations into individual cases; and

| — | a review of competition legislation for 21st century digital markets, including its interfaces with other areas of law and possibilities for productive interaction with other relevant authorities. |
| --- | --- |

—

a review of competition legislation for 21st century digital markets, including its interfaces with other areas of law and possibilities for productive interaction with other relevant authorities.

| 87. | Personal information has prompted and sustained growth in the digital economy. Individual consumers should be able to enjoy a fairer share of the fruits of that growth. Competition and data protection authorities are increasingly recognising this as a pivotal challenge in building trust and accountability across the digital economy. Data protection presents a unique opportunity to give individuals the tools to protect themselves and to make the enforcement of competition and consumer protection rules more effective. |
| --- | --- |

87.

Personal information has prompted and sustained growth in the digital economy. Individual consumers should be able to enjoy a fairer share of the fruits of that growth. Competition and data protection authorities are increasingly recognising this as a pivotal challenge in building trust and accountability across the digital economy. Data protection presents a unique opportunity to give individuals the tools to protect themselves and to make the enforcement of competition and consumer protection rules more effective.

| 88. | The next step is to explore the scope for closer coordination between regulators to achieve these aims. This coordination should not be restricted to Europe but rather reflect the global reach of companies in the digital economy. The EDPS looks forward to facilitating this discussion. |
| --- | --- |

88.

The next step is to explore the scope for closer coordination between regulators to achieve these aims. This coordination should not be restricted to Europe but rather reflect the global reach of companies in the digital economy. The EDPS looks forward to facilitating this discussion.

Done at Brussels, 26 March 2014.

Peter HUSTINX

European Data Protection Supervisor

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(1)  Big data ‘refers to gigantic digital datasets held by corporations, governments and other large organisations, which are then extensively analysed using computer algorithms’; Article 29 Working Party, Opinion 03/2013 on purpose limitation, p. 35. According to an alternative definition, big data means ‘datasets whose size is beyond the ability of typical database software tools to capture, store, manage, and analyse’; McKinsey Global Institute, ‘Big data: The next frontier for innovation, competition, and productivity’, June 2011. In this preliminary Opinion ‘big data’ is used as shorthand for the combination of massive personal data collection and analytics on high variety, high volume datasets.

1

(2)  This preliminary Opinion develops the themes outlined by the EDPS at a seminar in Brussels on 13 June 2013 https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/Publications/Speeches/2013/13-06-13_Speech_CB_Brussels_EN.pdf. Related discussions took place in 2010 at the 32nd International Conference of Data Protection and Privacy Commissioners in Jerusalem. Moreover, Commission Vice-President Joaquin Almunia gave a speech on ‘Competition and privacy in markets of data’ in November 2012 (http://europa.eu/rapid/press-release_SPEECH-12-860_en.htm). In February 2013 at the New Frontiers of Antitrust 4th International Concurrences Conference, following a roundtable discussion on the subject ‘Personal data: Will competition law collide with privacy?’, the Commission Director-General for Justice called for greater consideration to be given to the interaction between data protection and competition law; Françoise Le Bail entitled ‘Protection de la vie privée et des données personnelles: l’Europe à l’avant garde’, Concurrences Revue des droits de la concurrence: Competition Law Journal: Demain la concurrence New Frontiers of Antitrust Colloque l Concurrences, No 2-2013. A similar debate in the United States has been ongoing in particular since the Federal Trade Commission decision on the Google DoubleClick merger (see footnote 76) and the dissenting opinion of then Commissioner Jones Harbour http://www.ftc.gov/sites/default/files/documents/public_statements/statement-matter-google/doubleclick/071220harbour_0.pdf; for an update on Ms Harbour’s analysis see her essay ‘The Transatlantic Perspective: Data Protection and Competition Law’, in Data Protection Anno 2014: How to Restore Trust? eds. Hijmans, H. and Kranenborg, H., 2014, pp. 225-234.

2

Data Protection Anno 2014: How to Restore Trust?

(3)  The European Council in October 2013 committed to ‘complete the Digital Single Market’ by 2015 including ‘the right framework conditions for a single market for Big Data and Cloud computing’, by developing e-government, e-health, e-invoicing and e-procurement, by the acceleration of e-identification and trust services, e-invoicing and payment services, and by the portability of content and data; http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/139197.pdf. The EDPS has issued an Opinion on the EU umbrella policy programme of Digital Agenda for Europe; https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2013/13-04-08_Digital_Agenda_EN.pdf

3

(4)  See EDPS Strategy 2013-2014: ‘Towards excellence in data protection’; https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/Publications/Strategy/13-01-22_Strategy_EN.pdf. In addition to Opinions regularly issued in response to legislative proposals or policy documents adopted by the Commission or other institutions or bodies under Article 28.2 of Regulation (EC) No 45/2001, and as part of his role of advising Union institutions and bodies and data subjects on all matters concerning the processing of personal data under Article 41(2), the EDPS may decide to issue advice on his own initiative with a view to contributing to debates on legal and societal developments that may have a major impact on the protection of personal data. For example, see the EDPS Opinion on the relationship between cloud computing and the data protection legal framework (OJ C 253, 3.9.2013, p. 1). Similar advice on other areas of concern may be issued.

4

(5)  Privacy-enhancing technologies have been defined by the Commission as ‘a coherent system of information and communication technology measures that protect privacy by eliminating or reducing personal data or by preventing unnecessary and/or undesired processing of personal data without losing the functionality of the information system.’‘Promoting Data Protection by Privacy Enhancing Technologies (PETs)’, COM(2007) 228 final. In this document, the term ‘privacy-enhancing services’ is used to refer to customer services which have been designed on the basis of such technology.

5

(6)  This includes liaison within and between the Global Privacy Enforcement Network, International Competition Network as well as deeper collaboration between EU authorities and the US Federal Trade Commission.

6

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ANNEX

Data protection, competition and consumer protection in the EU: A comparative overview

| | Data protection | Competition law | Consumer protection | Interfaces in digital economy |
| --- | --- | --- | --- | --- |
| Legal framework | — | CFR Arts. 7 and 8 |

Data protection

Competition law

Consumer protection

Interfaces in digital economy

Legal framework

—

CFR Arts. 7 and 8

| — | TFEU 16 |
| --- | --- |

—

TFEU 16

| — | TFEU 101-106 |
| --- | --- |

—

TFEU 101-106

| — | CFR 38 |
| --- | --- |

—

CFR 38

| — | TFEU Arts. 12 and 169 |
| --- | --- |

—

TFEU Arts. 12 and 169

| — | Core EU values and economic mission |
| --- | --- |

—

Core EU values and economic mission

Relevant secondary legislation

| — | Directive 95/46/EC |
| --- | --- |

—

Directive 95/46/EC

| — | Regulation (EC) No 45/2001 |
| --- | --- |

—

Regulation (EC) No 45/2001

| — | Directive 2002/58/EC |
| --- | --- |

—

Directive 2002/58/EC

| — | General Data Protection Regulation (under negotiation) |
| --- | --- |

—

General Data Protection Regulation (under negotiation)

| — | Regulation (EC) No 1/2003 (Modernisation) |
| --- | --- |

—

Regulation (EC) No 1/2003 (Modernisation)

| — | Regulation (EC) No 139/2004 (Mergers) |
| --- | --- |

—

Regulation (EC) No 139/2004 (Mergers)

| — | Directive 93/13/EEC (unfair contract terms) |
| --- | --- |

—

Directive 93/13/EEC (unfair contract terms)

| — | Directive 98/6/EC (price indication) |
| --- | --- |

—

Directive 98/6/EC (price indication)

| — | Council Directive 2005/29/EC (unfair commercial practices) |
| --- | --- |

—

Council Directive 2005/29/EC (unfair commercial practices)

| — | Directive 2006/114/EC (misleading advertising) |
| --- | --- |

—

Directive 2006/114/EC (misleading advertising)

| — | Regulation (EC) No 2006/2004 (cooperation between authorities) |
| --- | --- |

—

Regulation (EC) No 2006/2004 (cooperation between authorities)

| — | Directive 2011/83/EU (Consumer Rights) |
| --- | --- |

—

Directive 2011/83/EU (Consumer Rights)

| — | Rules for promoting sound functioning of the internal market. |
| --- | --- |

—

Rules for promoting sound functioning of the internal market.

| — | Rules for ensuring protection of individual consumers |
| --- | --- |

—

Rules for ensuring protection of individual consumers

Scope of application

| — | All data controllers established in the EU or using equipment situated in the EU. Provisions scalable according to the nature and volume of data processed. |
| --- | --- |

—

All data controllers established in the EU or using equipment situated in the EU. Provisions scalable according to the nature and volume of data processed.

| — | (To be extended under GDPR to cover any data controller offering goods or services to or monitoring behaviour of data subjects residing in the EU) |
| --- | --- |

—

(To be extended under GDPR to cover any data controller offering goods or services to or monitoring behaviour of data subjects residing in the EU)

| — | Any economic activity which ‘may affect trade between Member States.’ |
| --- | --- |

—

Any economic activity which ‘may affect trade between Member States.’

| — | Dominant undertakings have ‘special responsibility’ to avoid distortions to competition. |
| --- | --- |

—

Dominant undertakings have ‘special responsibility’ to avoid distortions to competition.

| — | All goods and services supplied or consumed in the internal market. |
| --- | --- |

—

All goods and services supplied or consumed in the internal market.

| — | Impact on individuals in the EU of economic activity which concerns the internal market |
| --- | --- |

—

Impact on individuals in the EU of economic activity which concerns the internal market

Data control and relevant markets

| — | Compatible purposes for data processing |
| --- | --- |

—

Compatible purposes for data processing

| — | Definition of relevant market and substitutability of products and services |
| --- | --- |

—

Definition of relevant market and substitutability of products and services

| — | Defining relevant markets fuelled by personal data |
| --- | --- |

—

Defining relevant markets fuelled by personal data

| — | Measuring digital market power |
| --- | --- |

—

Measuring digital market power

Transparency and choice

| — | Rights to information and to access data in an intelligible form |
| --- | --- |

—

Rights to information and to access data in an intelligible form

| — | Freely-given, specific, informed and unambiguous consent |
| --- | --- |

—

Freely-given, specific, informed and unambiguous consent

| — | Right to data portability |
| --- | --- |

—

Right to data portability

| — | Tying and bundling of services |
| --- | --- |

—

Tying and bundling of services

| — | Preventing competition through refusal to supply an essential facility |
| --- | --- |

—

Preventing competition through refusal to supply an essential facility

| — | Clear and intelligible information on prices and products |
| --- | --- |

—

Clear and intelligible information on prices and products

| — | Common understanding of value of personal data |
| --- | --- |

—

Common understanding of value of personal data

| — | Ownership of own data through exercising data portability |
| --- | --- |

—

Ownership of own data through exercising data portability

Prevention of harm

| — | Data minimisation |
| --- | --- |

—

Data minimisation

| — | Confidentiality and security of processing |
| --- | --- |

—

Confidentiality and security of processing

| — | Notion of consumer welfare |
| --- | --- |

—

Notion of consumer welfare

| — | Exploitative pricing of services |
| --- | --- |

—

Exploitative pricing of services

| — | Theory of harm to consumers in mergers |
| --- | --- |

—

Theory of harm to consumers in mergers

| — | Exemptions to state aid rules |
| --- | --- |

—

Exemptions to state aid rules

| — | Notion of ‘good faith’ in contracts |
| --- | --- |

—

Notion of ‘good faith’ in contracts

| — | Prohibition of misleading claims about products and services |
| --- | --- |

—

Prohibition of misleading claims about products and services

| — | Data protection a factor of consumer welfare |
| --- | --- |

—

Data protection a factor of consumer welfare

| — | Use of privacy-promoting remedies in competition decisions |
| --- | --- |

—

Use of privacy-promoting remedies in competition decisions

| — | Allowing competitors to collaborate on developing privacy-enhancing services |
| --- | --- |

—

Allowing competitors to collaborate on developing privacy-enhancing services

Supervision, enforcement, sanctions remedies

| — | Independent national authorities |
| --- | --- |

—

Independent national authorities

| — | EU wide cooperation through Article 29 Working Party and (under negotiation) consistency mechanism |
| --- | --- |

—

EU wide cooperation through Article 29 Working Party and (under negotiation) consistency mechanism

| — | Right to a judicial remedy for violation of rights |
| --- | --- |

—

Right to a judicial remedy for violation of rights

| — | Right to receive compensation |
| --- | --- |

—

Right to receive compensation

| — | Administrative sanctions as a proportion of a company’s annual turnover (under negotiation) |
| --- | --- |

—

Administrative sanctions as a proportion of a company’s annual turnover (under negotiation)

| — | Enforcement through national competition authorities and the Commission for the EU |
| --- | --- |

—

Enforcement through national competition authorities and the Commission for the EU

| — | Authorities cooperate through European Competition Network |
| --- | --- |

—

Authorities cooperate through European Competition Network

| — | Sanctions for infringement of anti-competitive agreements of up to 10 % of total turnover |
| --- | --- |

—

Sanctions for infringement of anti-competitive agreements of up to 10 % of total turnover

| — | No harmonisation of rights to judicial remedy for consumers |
| --- | --- |

—

No harmonisation of rights to judicial remedy for consumers

| — | National authorities only |
| --- | --- |

—

National authorities only

| — | CPC Network identifies common enforcement priorities each year with coordinated compliance checks and sector specific projects |
| --- | --- |

—

CPC Network identifies common enforcement priorities each year with coordinated compliance checks and sector specific projects

| — | No common EU approach to investigation of breaches of consumer law except for ‘intra-Community infringements’ |
| --- | --- |

—

No common EU approach to investigation of breaches of consumer law except for ‘intra-Community infringements’

| — | Rare for authorities to secure compensation for breaches of consumer law |
| --- | --- |

—

Rare for authorities to secure compensation for breaches of consumer law

| — | Dialogue and cooperation on cases where competition, consumer welfare and data protection concerns overlap. |
| --- | --- |

—

Dialogue and cooperation on cases where competition, consumer welfare and data protection concerns overlap.

Abbreviations:

CFR: Charter of Fundamental Rights of the European Union

TFEU: Treaty on the Functioning of the European Union

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NOTICES FROM MEMBER STATES

| 16.7.2014 | EN | Official Journal of the European Union | C 225/13 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/13

---

Information communicated by Member States regarding closure of fisheries

(2014/C 225/08)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 17.5.2014 |
| --- | --- |
| Duration | 17.5.2014 - 31.12.2014 |
| Member State | Spain |
| Stock or Group of stocks | ALF/3X14- |
| Species | Alfonsinos (Beryx spp.) |
| Zone | EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV |
| Type(s) of fishing vessels | — |
| Reference number | 08/DSS |

Date and time of closure

17.5.2014

Duration

17.5.2014 - 31.12.2014

Member State

Spain

Stock or Group of stocks

ALF/3X14-

Species

Alfonsinos (Beryx spp.)

Zone

EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

Type(s) of fishing vessels

—

Reference number

08/DSS

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 16.7.2014 | EN | Official Journal of the European Union | C 225/13 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/13

---

Information communicated by Member States regarding closure of fisheries

(2014/C 225/09)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 23.6.2014 |
| --- | --- |
| Duration | 23.6.2014 - 31.12.2014 |
| Member State | Spain |
| Stock or Group of stocks | POK/56-14 |
| Species | Saithe (Pollachius virens) |
| Zone | VI; Union and international waters of Vb, XII and XIV |
| Type(s) of fishing vessels | — |
| Reference number | 09/TQ43 |

Date and time of closure

23.6.2014

Duration

23.6.2014 - 31.12.2014

Member State

Spain

Stock or Group of stocks

POK/56-14

Species

Saithe (Pollachius virens)

Zone

VI; Union and international waters of Vb, XII and XIV

Type(s) of fishing vessels

—

Reference number

09/TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 16.7.2014 | EN | Official Journal of the European Union | C 225/14 |
| --- | --- | --- | --- |

16.7.2014

EN

Official Journal of the European Union

C 225/14

---

Information communicated by Member States regarding closure of fisheries

(2014/C 225/10)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 25.6.2014 |
| --- | --- |
| Duration | 25.6.2014 - 31.12.2014 |
| Member State | Ireland |
| Stock or Group of stocks | ARU/34-C |
| Species | Greater silver smelt (Argentina silus) |
| Zone | Union waters of III and IV |
| Type(s) of fishing vessels | — |
| Reference number | 10/TQ43 |

Date and time of closure

25.6.2014

Duration

25.6.2014 - 31.12.2014

Member State

Ireland

Stock or Group of stocks

ARU/34-C

Species

Greater silver smelt (Argentina silus)

Zone

Union waters of III and IV

Type(s) of fishing vessels

—

Reference number

10/TQ43

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(1)  OJ L 343, 22.12.2009, p. 1.

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