EU Data Law

Introduction

Data is the defining resource of the 21st century. Aphorisms describing data as the ‘new oil’, ‘new asset class’, and ‘lifeblood of businesses’ of the digital economy capture the pivotal role that data plays as the fuel that powers innovation and competitiveness in this economy —spurring new business models, serving as a key source of revenue and unlocking a range of benefits for consumers in exchange for their data. However, its rise as a primary asset class creates tensions between economic exploitation and fundamental rights, particularly in the context of Artificial Intelligence (AI).

Until a few years ago, regulatory discussions around data have been largely centered on the protection of personal data as a fundamental right, particularly within the framework of the General Data Protection Regulation (GDPR). However, a new wave of EU regulatory instruments acknowledges the broader economic and social importance of data. This shift is evident in the adoption of the Data Act, the Data Governance Act, the Open Data Directive, the Digital Markets Act, the Digital Service Act or the AI Act. 

While the Data Act aims to establish de facto rights for accessing and using data generated by connected devices, the Data Governance Act creates a framework for the safe and responsible sharing of data, including for altruistic purposes, across the EU. Similarly, the Open Data Directive seeks to drive innovation in products and services by facilitating access to data held by the public sector, while also promoting transparency and accountability in public entities. The Digital Markets Act (DMA), on the other hand, tackles competition concerns related to data by enhancing data portability and access rights for users and businesses, and by requiring certain large digital companies to share data with smaller competitors. In addition, the AI Act regulates aspects of data used in training AI models, addressing both fundamental rights considerations and intellectual property (IP) protection. Collectively, these regulations form a complex web of legal instruments addressing the economic, social and fundamental rights aspects of data in today’s economy.

This course focusses on the various regulatory instruments that target data as a regulatory object, providing students with an understanding of their key objectives and how they interact with one another. Emphasis will be placed on both existing and upcoming regulations and their interrelations.

Course content

• Introduction to data as a regulatory target
  • Data protection
  • Property rights in data
  • Data as an asset
  • Data sovereignty
• The GDPR and the fundamental rights’ dimension of data
• Access and use rights under the Data Act
• DMA and the competition dimension of data
• Government held data and the Open Data Directive
• Data rules in the AI Act
• Data Governance Act

Disclaimer

This is an excerpt from the complete course description for the course. If you are an active student at BI, you can find the complete course descriptions with information on eg. learning goals, learning process, curriculum and exam at portal.bi.no. We reserve the right to make changes to this description.