Regulating Access and Transfer of Data

by Björn Lundqvist

Overview

Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data sets the foundations for a new legal system for our data-driven generation.

Product Details

ISBN-13:	9781009335164
Publisher:	Cambridge University Press
Publication date:	04/13/2023
Series:	Global Competition Law and Economics Policy
Pages:	320
Product dimensions:	6.22(w) x 9.25(h) x 0.75(d)

About the Author

Björn Lundqvist is the Head of the EU Law Research Group and Director of the European Law Institute at the Stockholm University, and Director of Ascola for the Nordic region.

Table of Contents

1. Introduction; 2. The data-driven economy; 3. Competition law; 4. General and sector-specific regulations; 5. The objectives of regulating the data-driven economy; 6. The intellectual property law system and data; 7. An access and transfer right to data; 8. Conclusion.

Editorial Reviews

‘Bjorn Lundqvist's book provides a fascinating dive into a subject at the crossroads of competition law, the GDPR, and new data regulations. A must-read and highly timely book for understanding our data-driven European economy.’ David Bosco, Aix-Marseille University

‘Lundqvist offers a superb analysis of one of the main challenges of our data-driven economy: the regulation of access and transfer of data. The book provides a clear yet deep, comprehensive, and thoughtful account of the numerous laws applicable, culminating in an original proposal for a new right for data access and transfer. Masterfully combining theory with real-world examples, this book is a must-read for anyone interested in the regulation of the data-driven economy.’ Michal S. Gal, University of Haifa and International Association of Competition Law Scholars (ASCOLA)

‘This topical study proposes introducing a subjective, non-exclusive right of all users to access and obtain the data that the data industry hides behind its walls. It would supersede or displace the current regulatory access control mechanisms and ease the transition to a general data-driven economy. Insistently argued, this academic advocacy of an individual rights approach to ordering data markets deserves to be discussed by all circles concerned.’ Hanns Ullrich, Max Planck Institute for Innovation and Competition

From the Publisher