The Impact of Data Ownership Rights on Competition in Big Data Markets: Reflections in the Context of the EU and Global Data Economy

Big data and machine learning pose both, great promises for the development of innovative products and services, but also considerable risks ranging from the creation of bottlenecks if vast amounts of data are concentrated in the hands of the few to mass-scale infringements of privacy. Options for regulating big data rank high on the agenda of policy makers all around the world, including in Europe. This paper looks at the debate from a very specific angle: the possibility of creating an IP-akin right in data, by some scholars referred to as “data producer’s right”, which is currently discussed in European policy circles. Which are possible consequences for Big Tech, big data markets and competition from the creation of such a right? This question is discussed first against the backdrop of the EU Digital Single Market Project and various initiatives to foster the EU data economy. Secondly, the impact of such a right for EU trade relations and the global data economy is assessed.