From (Horizontal and Sectoral) Data Access Solutions Towards Data Governance Systems

Joint Discussion Paper Series in Economics by the Universities of Aachen ∙ Gießen ∙ Göttingen Kassel ∙ Marburg ∙ Siegen, No. 40-2020

34 Pages Posted: 28 Sep 2020

See all articles by Wolfgang Kerber

Wolfgang Kerber

University of Marburg - School of Business & Economics

Date Written: August 26, 2020

Abstract

Starting with the assumption that under certain conditions also mandatory solutions for access to privately held data can be necessary, this paper analyses the legal and regulatory instruments for the implementation of such data access solutions. After an analysis of advantages and problems of horizontal versus sectoral access solutions, the main thesis of this paper is that focusing only on data access solutions is often not enough for achieving the desired positive effects on competition and innovation. An analysis of the two examples access to bank account data (PSD2: Second Payment Service Directive) and access to data of the connected car shows that successful data access solutions might require an entire package of additional complementary regulatory solutions (e.g. regarding interoperability, standardisation, and safety and security), and therefore the analysis and regulatory design of entire data governance systems (based upon an economic market failure analysis). In the last part important instruments that can be used within data governance systems are discussed, like, e.g. data trustee solutions.

Keywords: data access, data governance, data economy

JEL Classification: K24, L86, O38

Suggested Citation

Kerber, Wolfgang, From (Horizontal and Sectoral) Data Access Solutions Towards Data Governance Systems (August 26, 2020). Joint Discussion Paper Series in Economics by the Universities of Aachen ∙ Gießen ∙ Göttingen Kassel ∙ Marburg ∙ Siegen, No. 40-2020, Available at SSRN: https://ssrn.com/abstract=3681263 or http://dx.doi.org/10.2139/ssrn.3681263

Wolfgang Kerber (Contact Author)

University of Marburg - School of Business & Economics ( email )

Am Plan 2
Marburg, D-35037
Germany
+49 6421 2823921 (Phone)

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