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Governance of Data Sharing : A Law & Economics Proposal

Author

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  • Graef, Inge

    (Tilburg University, TILEC)

  • Prüfer, Jens

    (Tilburg University, TILEC)

Abstract

To prevent market tipping, which inhibits innovation, there is an urgent need to mandate sharing of user information in data-driven markets. Existing legal mechanisms to impose data sharing under EU competition law and data portability under the GDPR are not sufficient to tackle this problem. Mandated data sharing requires the design of a governance structure that combines elements of economically efficient centralization with legally necessary decentralization. We identify three feasible options. One is to centralize investigations and enforcement in a European Data Sharing Agency (EDSA), while decision-making power lies with National Competition Authorities in a Board of Supervisors. The second option is to set up a Data Sharing Cooperation Network coordinated through a European Data Sharing Board, with the National Competition Authority best placed to run the investigation adjudicating and enforcing the mandatory data-sharing decision across the EU. A third option is to mix both governance structures and to task national authorities to investigate and adjudicate and the EU-level EDSA with enforcement of data sharing.
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Suggested Citation

  • Graef, Inge & Prüfer, Jens, 2021. "Governance of Data Sharing : A Law & Economics Proposal," Discussion Paper 2021-001, Tilburg University, Tilburg Law and Economic Center.
    • Handle: RePEc:tiu:tiutil:b64b51f8-16af-45c8-87ea-371a9551ec7d
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    References listed on IDEAS

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    2. Christian Peukert & Margaritha Windisch, 2023. "The Economics of Copyright in the Digital Age," CESifo Working Paper Series 10687, CESifo.

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    Keywords

    Data sharing; data-driven markets; economic governance; competition law; data protection; regulation;
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