Comments to the Data Act from the Law and Technology Group of Sciences Po Law School

9 Pages Posted: 22 Jun 2022 Last revised: 27 Jun 2022

See all articles by Beatriz Botero Arcila

Beatriz Botero Arcila

Sciences Po - Sciences Po Law School - Ecole de Droit de Sciences Po; Harvard University, Berkman Klein Center for Internet & Society

Teodora Groza

Sciences Po Paris; Sciences Po Law School

Date Written: June 13, 2022

Abstract

These are comments submitted by members of the Law and Technology Group of Sciences Po Law School to the Proposal for a Regulation of the European Parliament and the Council on harmonised rules on fair access to and use of data (“Data Act”), open for open consultation and feedback from stakeholders from 14 March to 13 May 2022.

We welcome the Commission's initiative and share the general concern and idea that data concentration and barriers to data sharing contribute to the concentration of the digital economy in Europe. Similarly, based on our own research we share the Commission’s diagnosis that legal and technical barriers prevent different actors to enter in voluntary data-sharing agreements and transactions.

In general, we believe the Data Act is a good initiative, that will flexibilize some of the barriers that exist in the European market to facilitate the creation of value from data by different stakeholders, and not only those who produce it. In this document, however, we focus on five key clarifications that should be taken into account to further achieve this goal: (1) relieving the user from the burden the “data-sharing” mechanism, as this mechanism may be asking users to act beyond their rational capabilities; (2) the definition of the market as the one for related services fails to unlock the competitive potential of data sharing and might increase concentration in the primary markets for IoT devices; (3) service providers need to nudge users into sharing their data; (4) the difficulty of working with the personal - non personal data binary suggested by the act; and (5) the obligation to make data available to public sector bodies sets a barre that may be too hard to meet and may hamper the usefulness of this provision.

Keywords: Data Act, Artificial Intelligence, IoT, Data Market, Data Sharing, European Union, Data Governance

Suggested Citation

Botero Arcila, Beatriz and Groza, Teodora, Comments to the Data Act from the Law and Technology Group of Sciences Po Law School (June 13, 2022). Available at SSRN: https://ssrn.com/abstract=4135212 or http://dx.doi.org/10.2139/ssrn.4135212

Beatriz Botero Arcila (Contact Author)

Sciences Po - Sciences Po Law School - Ecole de Droit de Sciences Po ( email )

13 rue de l'Universite
Paris, 75007
France

HOME PAGE: http://https://www.sciencespo.fr/ecole-de-droit/en/profile/beatriz-botero-arcila-0.html

Harvard University, Berkman Klein Center for Internet & Society ( email )

United States

Teodora Groza

Sciences Po Paris ( email )

Paris
France
0755871626 (Phone)
75015 (Fax)

Sciences Po Law School ( email )

13 rue de l'Universite
Paris
France

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