Extract from Exterro’s article “Retaining Documents You Shouldn’t Isn’t the Only Source of Data Risk”
When asked about the chief data risks they confront in Europe, most organisations turn first to complying with restrictions on collecting and retaining data under GDPR. They focus, understandably, on ensuring that they are not collecting data without consent, using it for purposes other than those allowed, or retaining more data than justified or for longer than allowed. Several years on from GDPR going into effect, enterprises and public agencies should have technology and processes in place to ensure compliance with its requirements.
However, European organisations would be well advised to make sure they also have the capability to preserve data when obliged to do so. In some cases, companies doing business or with affiliates in the United States will incur preservation obligations arising from civil litigation. But perhaps more importantly, they must be prepared for potential investigations under the authority of the Directorate-General for Competition of the European Commission.
What Is the Directorate-General for Competition?
The European Directorate-General for Competition, often abbreviated as DG COMP, is a department within the European Commission responsible for overseeing competition policy in the European Union. It plays a key role in ensuring fair competition within the EU’s single market, similar to the role the Federal Trade Commission and Securities and Exchange Commission do in the United States. The primary objectives of DG COMP include:
- Enforcing EU competition rules: DG COMP enforces the EU’s competition rules to prevent anti-competitive behavior, such as cartels, abuse of dominant market positions, and anti-competitive mergers and acquisitions.
- Reviewing mergers and acquisitions: DG COMP assesses proposed mergers and acquisitions to determine whether they would significantly impede effective competition within the EU’s single market. It evaluates the potential impact on market competition and may impose conditions or prohibit mergers that would harm competition.
