Data Sharing and Interoperability: Fostering Innovation and Competition Through APIs

Computer Law & Security Review, volume 35, issue 5, 2019[10.1016/j.clsr.2019.03.008]

27 Pages Posted: 14 Dec 2018 Last revised: 8 Feb 2025

See all articles by Oscar Borgogno

Oscar Borgogno

University of Turin, Faculty of Law

Giuseppe Colangelo

Università degli Studi della Basilicata; Stanford Law School; LUISS Guido Carli, Department of Business and Management; International Center for Law & Economics (ICLE)

Date Written: November 21, 2018

Abstract

Application Programming Interfaces (APIs) have been identified by the European Commission as a key enabler of interoperability among private and public undertakings. Moreover, a systematic adoption of open and standardized APIs by firms and developers appears to be crucial for unlocking competition and promoting the flourishing of Artificial Intelligence (AI) and Internet of Things (IoT) innovation.

An analysis of the main European regulatory initiatives which have so far surfaced in the realm of data governance (right to personal data portability, free flow of non-personal data, access to customer account data rule, re-use of government data) reveals that the EU legislature is not tackling the matter consistently. While all of these initiatives share a reliance on APIs for the facilitation of a sound and effective data sharing ecosystem, they vary in terms of rationale, scope and implementation. Furthermore, data sharing via APIs requires a complex implementation process, and technicalities are crucial for their success. Moreover, an excessive reliance on fair, reasonable and non-discriminatory (FRAND) terms might be overestimated when it comes to data compensation, as has been demonstrated by the continuing saga involving standard essential patents.

Keywords: big data, Artificial Intelligence, Internet of Things, data portability, API, standards, regulation, competition policy

JEL Classification: K21, K22, K23, L15, L50

Suggested Citation

Borgogno, Oscar and Colangelo, Giuseppe, Data Sharing and Interoperability: Fostering Innovation and Competition Through APIs (November 21, 2018). Computer Law & Security Review, volume 35, issue 5, 2019[10.1016/j.clsr.2019.03.008], Available at SSRN: https://ssrn.com/abstract=3288460 or http://dx.doi.org/10.1016/j.clsr.2019.03.008

Oscar Borgogno

University of Turin, Faculty of Law ( email )

Torino
Italy

HOME PAGE: http://www.dg.unito.it/do/docenti.pl/Show?_id=oborgogn#profilo

Giuseppe Colangelo (Contact Author)

Università degli Studi della Basilicata ( email )

Via dell'Ateneo Lucano 10
Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

Viale Romania 32
Rome, Roma 00197
Italy

International Center for Law & Economics (ICLE) ( email )

5005 SW Meadows Rd.
Suite 300
Lake Oswego, OR 97035
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
602
Abstract Views
2,474
Rank
93,311
PlumX Metrics