Further research project
Intellectual Property and Competition Law

Regulation of the Digital Economy

Last Update: 01.10.19

The goal of the project is to make an academic contribution to the on-going debate regarding the emerging legal and regulatory issues related to the data-driven economy. From a de lege lata perspective, the legal status quo and the existing regulatory framework are analysed in view of the distinction between personal and non-personal data. From a de lege ferenda perspective, the question arises whether there is a need for a new regulation that could promote data-driven innovation and markets, as well as maximise the growth potential of the digital economy.

From the policymaking perspective, the question is whether data – especially non-personal data – should be allocated to the particular right holders. As such allocation does not exist under the current legal regime, access to data is usually gained through contracts. In view of the overall objective to enable the ‘free flow of data’, the questions arise: On what grounds could a regulatory intervention be justified, and how should such intervention be designed without restricting unnecessarily innovation and competition?

Position Statements

Data Ownership and Access to Data (08/16/2016) – English / German

Public consultation on Building the European Data Economy (04/26/2017) – English / Chinese

Arguments Against Data Ownership: Ten questions and answer – English / German


Dissertation Projects

Main Areas of Research

II.3 Data-driven economy