Balancing Interests in the EU Data Ecosystem

Abstract

Data is a valuable asset and if it is re-used efficiently by different undertakings, it can spur more innovative solutions. However, this can only be realised when the interests of those holding data and those demanding access are balanced. This paper focuses on the legal tools conferring protection and facilitating access to data in the EU, to illustrate that the current EU legal framework is not sufficient enough to strike the right balance. Following this analysis, the paper identifies the main reasons underlying inefficient data utilisation in the EU and proposes a possible initial action plan to overcome that problem.

Note: This paper won the article competition of the International Bar Association (IBA) Intellectual Property, Communications and Technology Law Section in 2017. It also passed the peer review of European Policy for Intellectual Property (EPIP) and it was presented in its 2018 Annual Conference (Berlin).

Keywords: data, utilisation, protection, access, competition