To reduce situations of economic lock-in, EU law increasingly grants portability rights: entitlements for beneficiaries to “claim back” certain data that they provided or created, and/or to have those data transferred directly from one party to another party of the beneficiary’s choice. As a follow-up to a previous post about the concept of portability and…
Introduction On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices. The Data Act Proposal assigns users…
The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….
Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. As expected, the proposed Data Act introduces rules strengthening user access and portability…
