The Evolution of European Data Law

Streinz, Thomas

doi:10.1093/oso/9780192846556.003.0029

Cited by 9 publications

(3 citation statements)

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“…These considerations are also relevant with respect to data. Data does not simply exist and is never simply raw but the result of economic and political interests (Cohen, 2019, p. 64; Streinz, 2021, p. 934). As Cohen (2019) has argued, the emergence of a data economy has depended on legal frameworks and business practices that constituted personal data as a raw material ready for the taking, legitimated certain forms of appropriation, and made notice and consent the dominant regulatory framework.…”

Section: Theoretical Frameworkmentioning

confidence: 99%

“…The GDPR thus embodies two sides of the EU's digital agenda. On the one hand, EU data governance and especially data protection law are strongly informed by the goal of protecting personal rights, which is rooted in a traditionally high importance of fundamental rights, major rulings of the European Court of Justice, and a comparatively central role of data protection agencies (Laurer & Seidl, 2021; Streinz, 2021). On the other hand, when seen as a part of a larger EU agenda under the resource regime perspective, the GDPR was also informed by strong concerns for EU competitiveness in the global economy.…”

Section: Structuring Interactions Between Actors In the Data Economymentioning

confidence: 99%

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Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

König

2022

European Policy Analysis

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This paper leverages the resource regime concept to systematically analyze the shape of data governance established by European Union (EU) digital policy. It highlights what gives shape and coherence to this data governance across different policies and how this governance structures relations between actors in the data economy. The analysis shows a common thrust in the EU's digital policies since its 2010 Digital Agenda.Overall, EU data governance is market-creating not only through rules that directly aim at strengthening market integration and limiting anti-competitive behavior but also through regulation that works to protect and promote EU-based industries and to bolster their competitiveness in a global economy. EU digital policies complement each other in establishing more favorable conditions for EU businesses in relation to non-EU competitors, and this market-creating neomercantilist orientation is rooted even in data and consumer protection policies that also have a marketcorrecting dimension.

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Section: Theoretical Frameworkmentioning

confidence: 99%

Section: Structuring Interactions Between Actors In the Data Economymentioning

confidence: 99%

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

König

2022

European Policy Analysis

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“…The EC embodies the EU's interest, and its work is deemed to represent the EU's vision best (Bradford, 2020). More broadly, this paper also participates in the study of the emergent EU data law 2 (Streinz, 2021).…”

Section: Introductionmentioning

confidence: 99%

Public sector information in the European Union policy: The misbalance between economy and individuals

Buttow

Weerts

2022

Big Data & Society

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Algorithmic technologies and artificial intelligence are centred on data and generate new business models, known as the data-driven economy. In the European Union context, the development of such new business is accompanied by a regulatory and political framework. An important aspect of this regulatory framework regards the legal conditions that enable the data collection, availability, sharing, use and reuse. Within the larger context, this article analyses the development of the European Union regulatory framework governing the availability, sharing and reuse of public sector data, also referred to as Public Sector Information policy. Anchored in the analytical tools provided by Discursive Institutionalism and Critical Data Studies and after studying the evolution of this policy over 25 years, this article argues that economic considerations have been overwhelmingly decisive in the European Union Public Sector Information policy and much less attention has been paid to fundamental rights and democracy issues. It also shows how European Union Public Sector Information policy contributes to the data infrastructure, enabling a thriving data-driven economy. In doing so, this article argues that the possible problematic effects of this new data-driven economy are not only affordances of the technology itself but are also the result of political and regulatory choices. More globally, the article stresses the need for policymakers to inscribe each of the policies and regulations affecting the digital transformation in the framework of fundamental rights and democracy.

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How Technology Replaces Territory

Catanzariti

2024

Law, Governance and Technology Series

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The Evolution of European Data Law

Cited by 9 publications

References 0 publications

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

Public sector information in the European Union policy: The misbalance between economy and individuals

How Technology Replaces Territory

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