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EU Data Act through the Prism of the DMA – Inge Graef, Björn Lundqvist, Martina Eckardt

Dr Inge Graef, Associate Professor at Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University Prof. Björn Lundqvist, Stockholm University Prof. Martina Eckardt, Andrássy Universität Budapest EU Data Act is one of potentially most ambitious and impactful piece of EU legislation aiming to recalibrate fundamentally and to shape proactively the usage of information by creating a single EU market for data. As so much is going on in our main niche – ex-post competition law and the Digital Markets Act, not much attention can be devoted to this ambitious initiative. Fortunately, we have a privilege to ask three competition peers who also do their research on the Data Act: Dr Inge Graef, Associate Professor at Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University), Prof. Björn Lundqvist, Stockholm University and Prof. Martina Eckardt, (Andrássy Universität Budapest. We had a really great conversation. I learned a lot from the papers of all three authors – and of course from their very clear, thoughtful, insightful and friendly contributions. Video: Among various topics we covered the following: – objectives of the Data Act – problems with established data access rights created for IoT devices – cloud switching (moving between cloud providers) – horizontal regime for data sharing – the divide between the creators of the data and the creators of the device – will the producers of devices have access to all data generated by those devices? – should the producers of devices create expensive accessible storage of data? – how can end users assign their data to third parties – the phenomenon and the potential of data brokerage business model – IoT data access rights: the right of users (individuals and businesses) – non-compete requirements: when exactly the product/service is competing with original one – emergence of de-facto new forms of intellectually property rights – constitutional aspects of the new regime – is there an additional market failure legitimising manufacturers of IoT devices to charge to data access – the main stakeholders, the main lobby strategies within the Data Act – will it be harder to comply for smaller players? – interesting exclusion of the DMA gatekeepers from benefits from data access rights (with yet another interesting side effect of limiting autonomy of data users) – interoperability of cloud services – data access rules appear to be private law instruments (a new step for EU competences?) – data intermediation as a business model – FRAND-provisions for data transfer – enforcement mechanisms – co-existence with other legislative mechanisms: do these Acts fit together? – is there any lex-specialis – lex-generalis hierarchy of data-related legislation? – recommendations to students -------------------------- The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. All our materials are available at YouTube channel, which you are very welcome to subscribe to. The panel is organised & conducted by Prof. Oles Andriychuk, Newcastle Law School, UK