Big Data, Open Data, Privacy Regulations, Intellectual Property and Competition Law in an Internet of Things World

Abstract

The interface between the legal systems triggered by the creation, distribution and consumption of Data is difficult to grasp, and this paper therefore tries to dissect this interface by following information, i.e. ‘the data’ from its sources, to users and re-users and ultimately to its consumers in an ‘Internet of Things’, or Industrial Internet, setting. The paper starts with the attempt to identify what legal systems are applicable this process, with special focus on when competition law may be useful for accessing data. The paper conclude that general competition law may not be readily available for accessing generic (personal or non-personal) Data, except for the situation where the Data set is indispensable to access an industry or a relevant market; while sector specific regulations seem to emerge as a tool for accessing Data held by competitors and third parties. However, the main issue under general competition law in the Data industry, at its current stage of development, is to create a levelled playing field by trying to facilitate the implementation of Internet of Things.

Keywords: Internet of Things, Industrial Internet, Standardization, SEP, Competition Law, Antitrust, Big Data, Open Data, Intellectual Property Law, Privacy, Data Protection, PSI, Platforms, Ecosystem