TechReg® Chronicle – Editorial Board Edition

Dear Readers,

In this August edition of the TechREG® Chronicle, we host a selection of articles from our esteemed Editorial Advisory Board. This set of contributions opens with a TechREG® Talks discussion between  Philip Marsden & Jacqueline Downes, moderated by Katharine Kemp. The panelists discuss the pressing issues facing legislators, regulators and litigants throughout the world as the regulation of online platforms appears on the policy radar to an ever-greater extent, particularly insofar as it relates to the protection of consumer rights, online privacy and expanding antitrust legislation.

Martin Cave discusses the trend of “softwarization” in certain industries. Advances in data and digitalization create substantial opportunities for cost savings and enhanced competition in many network industries subject to regulation. Softwarization refers to innovations which reduce the need for hardware assets; these can be not only code, but the use of any smart asset, algorithm or economic tool across the whole value chain. Two sectors are considered. In mobile communications, the scope for digitisation and the starting level of competition are high; in electricity, both are substantially lower.

Katharine Kemp follows, with a timely piece on the theme of anonymization and data privacy. Representations in online privacy policies that certain data is anonymous or “not information that personally identifies you” can have significant consequences. They may