Regulating Access and Transfer of Data

Analyzes the regulation of data access and transfer to understand how internet users can obtain the data they generate.

Björn Lundqvist (Author)

9781009335164, Cambridge University Press

Hardback, published 13 April 2023

320 pages
23.5 x 15.8 x 1.9 cm, 0.54 kg

'This topical study proposes introducing a subjective, non-exclusive right of all users to access and obtain the data that the data industry hides behind its walls. It would supersede or displace the current regulatory access control mechanisms and ease the transition to a general data-driven economy. Insistently argued, this academic advocacy of an individual rights approach to ordering data markets deserves to be discussed by all circles concerned.' Hanns Ullrich, Max Planck Institute for Innovation and Competition

Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data sets the foundations for a new legal system for our data-driven generation.

1. Introduction
2. The data-driven economy
3. Competition law
4. General and sector-specific regulations
5. The objectives of regulating the data-driven economy
6. The intellectual property law system and data
7. An access and transfer right to data
8. Conclusion.

Subject Areas: Privacy & data protection [URD], Intellectual property law [LNR], Competition law / Antitrust law [LNCH]