Consideraţii cu privire la un posibil „drept de proprietate” asupra datelor şi cadrul legal european privind drepturile legate de date
Considerations on possible ʽownership’ of data and the European legal framework on data rights

Summary/Abstract: Data has become one of the most important resources in the modern information society, perhaps even the resource of the 21st century. In most situations where multiple actors interact in the development of data, the imminent question is always about who owns the data. As part of the Digital Single Market Strategy for Europe (2017), the European Commission has launched a number of initiatives to address data ownership, including the idea of introducing an innovative right on computer-generated data. This paper summarises the European Data Strategy (2020) and outlines the main characteristics and impacts of the data value chain. It will go on to detail the existing European legal framework on data rights and control mechanisms derived from data protection regulations. As these regulations have proven to be unenforceable or insufficient, legal loopholes have been filled by contractual schemes and restrictions on access to technology, but these mechanisms only concern the power to control data. The paper will analyse the arguments supporting the idea of a new right of data ownership and detail the paradigm shift proposed by the European Commission.

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