Immaterialgüter- und Wettbewerbsrecht

Towards an Access Regime for Mobility Data

Picht, Peter GeorgTowards an Access Regime for Mobility Data IIC 51, 8 (2020), 940 - 976.

(Forced) access to digital resources requires a legal framework which is at least partly sector-specific. Regarding the important sector of connected mobility, this paper tries to push the quest for such a framework. It analyzes data-specific market conditions in the sector and the need for intervention they generate, as well as potentially helpful legal tools in the GDPR (data portability) and core competition law (e.g. essential facilities doctrine, relative market power, pertinent EU Regulations, new tools in the 10th revision of the German Act Against Restraints of Competition). Based on these findings, the paper develops cornerstones for a regulatory, yet stakeholder-oriented approach, flexibly tuned with contract, competition and data protection law. Not least, participants of connected mobility markets should take up this idea, as they have a lot to contribute to its quality and a lot to lose if inappropriate rules came to be set.

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