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12 - Ending Smart Data Enclosures

The European Approach to the Regulation of the Internet of Things between Access and Intellectual Property

from Part II - The Implications of Emerging Product Design and Business Models

Published online by Cambridge University Press:  08 February 2025

Stacy-Ann Elvy
Affiliation:
University of California, Davis
Nancy S. Kim
Affiliation:
Chicago-Kent College of Law
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Summary

The EU is attempting to indirectly regulate the Internet of Things by improving access to data through a cross-sectoral data governance framework. On the face of it, recent EU data governance laws – Data Governance Act, Digital Markets Act, Digital Services Act, AI Act – go in the direction of more open, accessible, and reusable data. However, they tend to balance that ethos with provisions that IoT big tech can use to retain and strengthen data enclosures. This chapter aims to critically assess whether the attempt to balance openness and IP results in the prevalence of closed IoT systems, thus ultimately preventing smart data from reuse that would otherwise benefit society at large.

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