When Data Becomes Market Power

by | Nov 4, 2026

Data sits at the heart of many of today’s most valuable businesses. Whether it is a technology platform, an online marketplace or an AI-driven service, the ability to collect and use information has become a major competitive advantage. That is why a growing discussion is emerging around the relationship between privacy rules and competition law.

For investors, this is more than a regulatory debate. The way companies collect, share and use data can influence business models, growth opportunities and, ultimately, company valuations. New guidance being prepared on the interaction between data protection and competition law could therefore become relevant for businesses operating across the digital economy.

Importantly, no new rules have been introduced at this stage. The current development concerns preparatory work on future guidance and stakeholder consultation rather than immediate regulatory change.

Why Investors Should Pay Attention

Many of the world’s largest companies derive significant value from data. Customer information helps improve products, personalise services and strengthen market positions.

As a result, questions increasingly arise about whether access to data can create competitive advantages that deserve closer scrutiny. The discussion is no longer limited to privacy alone. It also touches on how data may affect competition between businesses operating in the same market.

According to information published regarding upcoming guidance, stakeholders will be invited to contribute to discussions on the relationship between data protection and competition law. The objective is to gather practical insights that may help shape future guidance in this area.

For investors, the significance lies not in a specific rule change but in understanding where future regulatory attention may be directed.

What It Could Mean For Digital Businesses

The companies most likely to follow these developments closely are those whose business models depend heavily on user data.

Digital platforms, online services and some AI-related businesses often rely on large volumes of information to improve products and develop new services. If future guidance provides greater clarity on the interaction between privacy and competition rules, it could influence how some companies approach data use, partnerships and growth strategies.

Investors often focus on revenue growth, profitability and market share. However, the way a company manages data can also have a meaningful impact on its long-term position.

A business with strong data practices may be better placed to adapt to future expectations than a company whose competitive advantage relies heavily on practices that could face greater scrutiny over time.

“In the digital economy, data is often not just an operational asset. It can become a strategic asset that shapes competition itself.”

Why This Is Relevant Beyond Technology

This topic is not limited to large technology firms.

Financial services, investment platforms, online marketplaces, digital healthcare providers and many other sectors increasingly depend on data-driven business models. As artificial intelligence becomes more widely embedded in commercial activity, questions surrounding data use are likely to become even more important.

At the same time, investors should avoid assuming that major regulatory changes are imminent. Based on the information currently available, the purpose of the planned stakeholder engagement is to support the development of future guidance. The content of that guidance has not yet been published.

💡 TIP: When assessing technology-focused investments, look beyond financial performance and review how a company discusses data governance, privacy practices and regulatory risks in its annual reports.

Future guidance has not yet been published. At this stage, any assumptions about its final content or impact remain speculative. Investment decisions should not be based on expectations of regulatory outcomes that have not yet been defined.

What We Recommend

  • Pay attention to how technology companies describe their use of customer data.
  • Review regulatory risk disclosures alongside financial performance.
  • Avoid making investment decisions based on assumptions about future guidance that has not yet been published.
  • Consider data governance as an increasingly relevant part of long-term investment analysis.

FAQ

1. Have new rules already been introduced?
No. The current announcement relates to stakeholder engagement and the preparation of future guidance rather than the introduction of new rules.

2. Why are data protection and competition law being discussed together?
Because data can represent a significant economic asset and may influence how companies compete within digital markets.

3. Does this only affect technology companies?
No. Many sectors, including financial services and digital platforms, rely heavily on data-driven business models.

4. Could this affect AI-related businesses?
Potentially. Many AI systems depend on large datasets, making future developments in this area relevant for companies using artificial intelligence.

5. Should investors be concerned about immediate changes?
No. The available information points to consultation and preparatory work rather than immediate regulatory action.

6. What should investors watch for?
Developments in future guidance, company disclosures relating to data governance and how businesses explain their use of customer data.

The views expressed in this article are not to be construed as personal advice. Therefore, you should contact a qualified, and ideally, regulated adviser in order to obtain up-to-date personal advice with regard to your own personal circumstances. Consequently, if you do not, then you are acting under your own authority and deemed “execution only”. The author does not accept any liability for people acting without personalised advice, who base a decision on views expressed in this generic article. Importantly, where this article is dated then it is based on legislation as of the date. Legislation changes but articles are rarely updated, although sometimes a new article is written; so, please check for later articles or changes in legislation on official government websites, as this article should not be relied on in isolation.

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Post written by:
Autorem článku je:

Monika Škubalová

Monika works in the area of compliance and financial crime prevention, where she specializes in setting internal rules and control mechanisms to protect the company from financial and regulatory risks. She has experience in providing professional advice and implementing processes in accordance with legislation. She actively participates in training the internal team and supports the corporate culture of responsibility and transparency.

Aisa International is the only financial advice service company specialising in advice for expats that is regulated as a Securities Trader in the Czech Republic, USA, and UK.