Introduction
Data is considered as the most valuable resource of the 21st century. Aphorisms describing data as the ‘new oil’, ‘new asset class’, and ‘lifeblood of businesses’ of the digital economy capture the pivotal role that data plays as the fuel that powers innovation and competitiveness in this economy —spurring new business models, serving as a key source of revenue and unlocking a range of benefits for consumers in exchange for their data. Despite its growing significance, regulatory discussions around data have, until recently, been largely centered on the protection of personal data as a fundamental right, particularly within the framework of the General Data Protection Regulation (GDPR). However, this focus is shifting, as a new wave of EU regulatory instruments begins to acknowledge the broader economic and social importance of data. This shift is evident in the adoption of the Data Act, the Data Governance Act, the Digital Markets Act, and the modernization of the Open Data Directive.
While the Data Act aims to establish de facto rights for accessing and using data generated by connected devices, the Data Governance Act creates a framework for the safe and responsible sharing of data, including for altruistic purposes, across the EU. Similarly, the Open Data Directive seeks to drive innovation in products and services by facilitating access to data held by the public sector, while also promoting transparency and accountability in public entities. The Digital Markets Act (DMA), on the other hand, tackles competition concerns related to data by enhancing data portability and access rights for users and businesses, and by requiring certain large digital companies to share data with smaller competitors. In addition, the AI Act regulates aspects of data used in training AI models, addressing both fundamental rights considerations and intellectual property (IP) protection. Collectively, these regulations form a complex web of legal instruments addressing the economic, social and fundamental rights aspects of data in today’s economy.
This course will focus on the various regulatory instruments that target data as a regulatory object, providing students with an understanding of their key objectives and how they interact with one another. Emphasis will be placed on both existing and upcoming regulations, such as the Data Act, Data Governance Act, and how these are juxtaposed with the GDPR, DMA, and AI Act.