Data Producer's Right in the Platform Economy

Medien und Recht International, Vol. 15, pp. 63-68, 2018

Texas A&M University School of Law Legal Studies Research Paper No. 18-12

10 Pages Posted: 16 Jul 2018 Last revised: 7 Nov 2018

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: July 16, 2018

Abstract

In October 2017, the European Commission advanced a proposal for the creation of a new data producer's right for non-personal, anonymized machine-generated data. Driven in large part by the automotive industry, this proposal has thus far attracted considerable criticisms. While commentators have questioned whether the proposed right is needed in the first place, the EU proposal has also generated more questions than answers.

Written for a special issue on the "Legal Implications of the Platform Economy," this essay begins by revisiting the debate on sui generis database protection in both the Europe Union and the United States. It then discusses the many difficult policy questions that policymakers will have to address before they can create the new right. The essay concludes by examining four additional complications that may make it difficult to develop a coherent body of laws to govern the emerging and fast-changing data economy.

Suggested Citation

Yu, Peter K., Data Producer's Right in the Platform Economy (July 16, 2018). Medien und Recht International, Vol. 15, pp. 63-68, 2018; Texas A&M University School of Law Legal Studies Research Paper No. 18-12. Available at SSRN: https://ssrn.com/abstract=3214691

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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