Gaps and Bridges between Data Protection and Competition Law in Nigeria

Abstract

Digitization has improved data collection and processing, making data an invaluable commodity. This
development has granted significant market power to companies with substantial personal data and
raised concerns about the concentration of market power in digital markets, as dominant data power
outmuscles competitors. Concurrently, these companies depend on robust data protection frameworks
to make the necessary investments for economic growth. At the same time, the security of personal data
is protected under various data protection laws and frameworks. This paper explores the link between
policy challenges related to data protection and competition law under Nigerian legislation. It posits
that when the material scope of these legal frameworks overlaps, competition law can integrate data
protection law as a normative tool when evaluating non-price competition. Data protection can,
therefore, serve as an internal constraint on competition law. Furthermore, it suggests that following
recent legal and institutional developments, data protection and other fundamental rights also impose
an external constraint on competition law and, in certain situations, can influence or dictate its
application. As national and supranational regulators confront the challenge of fostering a dynamic
information economy that upholds fundamental rights, acknowledging these constraints would facilitate
a more coherent approach to Nigerian law concerning the digital economy society.