A legal framework for a data economy in the European Digital Single Market: rights to use data

Abstract

In the Digital Single Market Strategy for Europe (DSMS) 1 the Commission outlines possible legal approaches to the challenges of digitization. 2 It explicitly mentions ‘ownership’ respectively ‘rights to use data’ as an aspect. 3 This gives rise to the question of data ownership. The DSMS is based on three ‘pillars’ and pursues three major objectives: 4 first, a better online access for consumers and businesses to goods and services throughout Europe (in particular better access to digital content, modern and more European copyright); secondly, creating the right conditions for thriving digital networks and services; and, thirdly, making the best possible use of the growth potential of the European digital economy. The third objective shall be reached by three measures: On the one hand the build-up of a data economy, on the other hand the increase in competitiveness through interoperability and standardization and thirdly an inclusive digital society. An important aspect in building a data economy (also referred to as ‘data-based economy’ in the Commission Staff Working Document 5 ) is the question of which property-like rights concerning data exist or should exist. This is also explicitely addressed in the DSMS.

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