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  • 15 - Data Ownership and Data Access Rights

  • from Part IV - Global Perspectives on Digital Trade Governance
  • Edited by Mira Burri
  • Book:
    Big Data and Global Trade Law
    Published online:
    09 July 2021
    Print publication:
    29 July 2021, pp 316-339
    • Chapter
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  • Summary

    Policymakers in the EU have debated whether the digital economy may benefit from the introduction of data ownership and data access rights. The chapter asks whether and how the concepts of data ownership and data access rights may serve the goal of establishing an adequate free flow of data in the digital single market.

    It first maps the policy goals contained within the EU’s Digital Single Market Strategy and then analyzes how data ownership – understood as a property right – may serve the implementation of this strategy.

    The conclusion is that data ownership is unlikely to further the establishment of an adequate free flow of data. Therefore, the chapter examines whether ownership, understood as control over personal data, is a viable alternative to the property rights approach.

    As a final step, the question is examined if, and under what circumstances, access rights to data already exist, or should be introduced, to allow individuals and businesses to use both personal and non-personal data.