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Regulatory Advice: Data Protection and Competition Law

Regulatory Advice: Data Protection and Competition Law

The two areas of regulation that tech business most frequently encounter are probably data protection and competition law.
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Technology businesses operate in a regulatory environment that evolves as rapidly as the innovations it seeks to govern. From the handling of personal data to the dominance of digital platforms, compliance with data protection and competition law is now a fundamental business requirement rather than an administrative formality.

Data-driven organisations must ensure that their systems, policies and contracts comply with applicable privacy regulations, while also maintaining fair commercial practices in increasingly scrutinised markets. Non-compliance can expose businesses to reputational harm, regulatory investigations and significant financial penalties.

Legal and Commercial Framework

Data protection in the UK is primarily governed by the UK GDPR and the Data Protection Act 2018, which set out rules for collecting, processing, storing, and transferring personal data. Technology companies must also often comply with sector-specific frameworks and international transfer mechanisms such as the UK-US Data Bridge, Standard Contractual Clauses (SCCs) or the International Data Transfer Addendum (IDTA).

Competition is principally regulated by the Competition Act 1998, the Enterprise Act 2002, and relevant retained EU law. It prohibits anti-competitive agreements, abuse of dominant market positions, and collusive practices that restrict innovation or harm consumers.

For technology companies, compliance requires a nuanced understanding of both areas, as they increasingly overlap - particularly in data-sharing arrangements, platform operations, and algorithmic decision-making.

Typical Issues and Considerations

Key challenges faced by technology businesses include:

  • Managing personal data in cross-border cloud environments;
  • Drafting compliant data processing and data sharing agreements;
  • Responding to data breaches and regulatory investigations;
  • Structuring commercial agreements without triggering competition law risks;
  • Addressing interoperability and data portability obligations;
  • Navigating merger control and market dominance assessments in the digital sector.

Regulatory compliance must be embedded in business design, ensuring that innovation proceeds with legal certainty and transparency.

How We Can Help

Culbert Ellis provides practical, commercially grounded advice on regulatory compliance, helping clients to design and implement lawful and resilient business models. Our services include:

  • Data protection compliance programmes, including auditing, policy drafting and staff training.
  • Advising on data processing, sharing, and transfer mechanisms under UK and international rules.
  • Regulatory liaison and response, including assistance during ICO or CMA investigations.
  • Competition law audits and risk management for pricing, distribution, and collaboration agreements.
  • Advising on merger control and digital platform regulation.

Our lawyers combine technical understanding with regulatory experience, enabling technology businesses to operate confidently in highly scrutinised markets.

Free Initial Discussion

If you require advice on data protection, competition compliance, or related regulatory matters, contact us for a confidential discussion with one of our technology law specialists.

If you require advice on data protection, competition compliance, or related regulatory matters, contact us for a confidential discussion with one of our technology law specialists.

Contact our Team

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