The Proposed EU Digital Services Regulation 2020: Data Desiderata

18 Pages Posted: 20 Sep 2021

See all articles by Peter Georg Picht

Peter Georg Picht

University of Zurich - Institute of Law

Heiko Richter

Max Planck Institute for Innovation and Competition

Date Written: September 15, 2021

Abstract

With the drafts of the Digital Markets Act (DMA), the Digital Services Act (DSA), and the Data Governance Act (DGA), the EU Commission has presented three cornerstones of its digital regulation approach in November and December of 2020. This Discussion Paper looks at data transactions and focuses on four aspects which illustrate that the proposed Acts leave much room for advancing the coherence and specificity of its respective rules: the specificity of data-related provisions; the role of FRAND in the package context; the role of data intermediaries; and the upcoming Data Act. Beyond diagnosis, the Discussion Paper calls for a more integrative approach and proposes improvements. It aims to spark a more intense discourse on data transactions under the Package.

Keywords: Digital Markets Act, Digital Services Act, Data Governance Act, Competition, Data Regulation, Data Act, FRAND, Data Trustees, Data Intermediaries

Suggested Citation

Picht, Peter Georg and Richter, Heiko, The Proposed EU Digital Services Regulation 2020: Data Desiderata (September 15, 2021). Max Planck Institute for Innovation & Competition Research Paper No. 21-21, Available at SSRN: https://ssrn.com/abstract=3925359 or http://dx.doi.org/10.2139/ssrn.3925359

Peter Georg Picht

University of Zurich - Institute of Law ( email )

Raemistrasse 74/57
Zurich, CH-8001
Switzerland

Heiko Richter (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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