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Imposing Data Sharing among Private Actors: A Tale of Evolving Balances

Imposing Data Sharing among Private Actors: A Tale of Evolving Balances

Author: Thomas Tombal
Publisher: Kluwer Law International
ISBN: 9789403541600
Published In: January 2022
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Imposing Data Sharing among Private Actors is a vital book shedding light on the nature of certain economic and societal balancing exercises required for any compulsory business-to-business (B2B) data-sharing initiatives because data sharing involves both benefits and potential costs. While the economic value originating from data sharing seems evident, identifying the legal framework to be applied to it is a challenge. This is due to the multiple claims and rights aimed at controlling, accessing or benefiting from data processing.

Whether these initiatives pursue economic, societal or empowerment objectives, their potential benefits must be balanced with the following three considerations that are extensively investigated in the book:

the economic interests of the data holder;
personal data protection considerations; and
long-term and collective costs in terms of individual autonomy.

The analysis elucidates how these aspects have been factored into existing compulsory B2B data-sharing initiatives so far (particularly in Europe), and on how they may be used as a source of inspiration in future initiatives. Insightful suggestions on the implementation of these balancing exercises conclude the volume.

Based on law and literature in competition, personal data protection and intellectual property, the book greatly highlights the necessary balances underlying compulsory B2B data sharing and raises awareness about the crucial need to take the risks involved into consideration. It will be highly appreciated by policymakers, academics and private actors interested in issues linked to competition law in the digital environment, regulation of platforms, data governance or the interaction between competition law and personal data protection law.

Acknowledgements

Part I The Fundaments of (Data) Sharing: What, Why and How?

Chapter 1 Sharing What? A Typology of Data

Chapter 2 Why Sharing? The Rationale for (Data) Sharing

Chapter 3 Sharing How? A Typology of Data Sharing Models and Initiatives

Part II ‘Empowerment’ Initiatives Imposing B2B Data Sharing

Chapter 4 Main ‘Empowerment’ Initiatives Imposing B2B Data Sharing and Recent Trends

Chapter 5 Key Balancing Exercises Entailed by ‘Empowerment’ Initiatives Imposing B2B Data Sharing

Part III Economic or Societal Initiatives Imposing B2B Data Sharing

Chapter 6 Balancing Exercises in Competition Law: Incentivising Innovation Versus Maximising Social Welfare Through Large Dissemination

Chapter 7 Articulation Between Data Protection and Competition Law

Chapter 8 Towards More Ex Ante Legislations Imposing B2B Data Sharing for Economic Purposes