Data Sharing and Interoperability Through APIs: Insights from European Regulatory Strategy

A modified version of the paper is forthcoming in "Computer Law & Security Review" 2019

Stanford-Vienna European Union Law Working Paper No. 38

46 Pages Posted: 14 Dec 2018 Last revised: 26 Apr 2019

See all articles by Oscar Borgogno

Oscar Borgogno

Bank of Italy; University of Turin, Faculty of Law; University of Oxford, Saïd Business School, Faculty of Law

Giuseppe Colangelo

University of Basilicata, Department of Mathematics, Computer Science and Economics; Stanford Law School; LUISS Guido Carli, Department of Business and Management

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 Through APIs: Insights from European Regulatory Strategy (November 21, 2018). A modified version of the paper is forthcoming in "Computer Law & Security Review" 2019, Stanford-Vienna European Union Law Working Paper No. 38, Available at SSRN: https://ssrn.com/abstract=3288460 or http://dx.doi.org/10.2139/ssrn.3288460

Oscar Borgogno

Bank of Italy ( email )

Via Nazionale 91
00184 Roma
Italy

University of Turin, Faculty of Law ( email )

Torino
Italy

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

University of Oxford, Saïd Business School, Faculty of Law

St Cross Building
St Cross Rd
Oxford
United Kingdom

Giuseppe Colangelo (Contact Author)

University of Basilicata, Department of Mathematics, Computer Science and Economics ( 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

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