Governance of Data: Exclusive Property vs. Access
Wolfgang Kerber · GRURRR. Gewerblicher Rechtsschutz und Urheberrecht, Rechtsprechungs-Report/GRUR-DVD/GRUR-CD/IIC/Gewerblicher Rechtsschutz und Urheberrecht/Gewerblicher Rechtsschutz und Urheberrecht. Internationaler Teil · 2016
In the current discussions about the appropriate legal rules for the digital economy, the topic of data ownership has emerged as one of the many new questions that require careful analyses and consideration.Although calling data the ''new oil'' is misleading, data is indeed a new and critical input resource for the digital economy, and the striving of businesses for collecting and analyzing these potentially very valuable data is a rational strategy.At the same time, new markets for trading data are also developing rapidly.Therefore, it is not surprising that two questions emerge: (1) How can data holders protect ''their'' valuable data and does the legal system provide sufficient protection?(2) Who should benefit from the data and should therefore be the ''owner''?This is also linked to the question whether persons or firms receive fair remuneration for ''their'' data in the digital economy.The dominance of large platforms and firms and the ensuing competition problems provide good reasons for such concerns.These questions are seen as particularly important for ''smart manufacturing'' (industry 4.0) with deeply connected value networks of many firms, within which machine-generated data are produced and exchanged in real-time, as well as for new mobility concepts such as ''connected cars'' and the future ''Internet of Things''.In the political discussion, the topic of data ownership was raised in the European Commission's ''Digital Single Market Strategy'' and was, for example, emphasized by Commissioner Oettinger who claimed the need for a virtual and digital law of property that also includes data.