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Strowel, Alain --- "Big data and data appropriation in the EU" [2020] ELECD 12; in Aplin, Tanya (ed), "Research Handbook on Intellectual Property and Digital Technologies" (Edward Elgar Publishing, 2020) 107

Book Title: Research Handbook on Intellectual Property and Digital Technologies

Editor(s): Aplin, Tanya

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Big data and data appropriation in the EU

Author(s): Strowel, Alain

Number of pages: 29

Abstract/Description:

This chapter reviews the various EU laws that allow private parties to control the use of data. Relying on the view that property is an institution for organizing the use of resources, the chapter shows that the EU legal framework creates various property-like protections around data. Intellectual property rights, such as copyright or the database right, contribute to data appropriation. In addition to contracts, possibly combined with technical and organizational protections, data protection and trade secrets regimes also facilitate the appropriation of personal and confidential data. The chapter also summarizes the 2017 Commission’s initiatives concerning the free flow of nonpersonal data and argues against the introduction of a new data property.