Data ownership and EU law: Examining the impact of the Data Act
Our new legal research report ‘What is data ownership, and does it
still matter under EU data law?
[https://data.europa.eu/sites/default/files/report/What%20is%20data%20ownership%2C%20and%20does%20it%20still%20matter%20under%20EU%20data%20law.pdf]’
examines the evolving concept of data ownership within the European
Union, highlighting its lack of clear definition and regulation. As
data is non-rivalrous, non-exclusive, and inexhaustible, the report
argues that the focus should shift from ownership to data access and
usage rights. This perspective aligns with the principles of the open
data community, which promotes data availability and reuse. The report
discusses how the upcoming Data Act
[https://eur-lex.europa.eu/eli/reg/2023/2854/oj], set to be
implemented on 12 September 2025, addresses these issues by regulating
data holders rather than ownership, focusing on access and usage
rights. 

The Data Act is the EU’s latest legislative effort to streamline how
data is shared, particularly industrial data. It aims to enhance
data-driven innovation, increase data availability, and ensure
fairness in how data's value is distributed among key players in the
data economy. Rather than addressing data ownership directly, the Act
clarifies who can use what data and under what conditions, targeting
data holders to ensure third-party access to data, irrespective of any
claimed ownership rights. 

The report also explores prior EU and national legislation related to
data ownership, analysing different ownership models and their
relevance outside the scope of the Data Act. With a comprehensive
style of 15 pages, the report creates an overview of data ownership
claims, on both EU and the national level. It reflects a more nuanced
approach to data regulation, encouraging collaboration and broader
data sharing. 

In conclusion, the report serves as a resource for policymakers, data
holders, and the public, offering insights into the transition from a
data ownership-based perspective to one centred on access and usage
rights. The Data Act represents a significant step forward, promoting
a more open, equitable, and innovation-driven data economy. 

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Publication Date/Time
2024-09-23T08:00:00+00:00
Our report sheds a new light on traditional concepts of data ownership