Data ownership and EU law: Examining the impact of the Data Act
Our report sheds a new light on traditional concepts of data ownership
Our new legal research report ‘What is data ownership, and does it still matter under EU data law?’ examines the evolving concept of data ownership within the European Union, highlighting its lack of clear definition and regulation. As data is non-rivalrous, non-exclusive, and inexhaustible, the report argues that the focus should shift from ownership to data access and usage rights. This perspective aligns with the principles of the open data community, which promotes data availability and reuse. The report discusses how the upcoming Data Act, set to be implemented on 12 September 2025, addresses these issues by regulating data holders rather than ownership, focusing on access and usage rights.
The Data Act is the EU’s latest legislative effort to streamline how data is shared, particularly industrial data. It aims to enhance data-driven innovation, increase data availability, and ensure fairness in how data's value is distributed among key players in the data economy. Rather than addressing data ownership directly, the Act clarifies who can use what data and under what conditions, targeting data holders to ensure third-party access to data, irrespective of any claimed ownership rights.
The report also explores prior EU and national legislation related to data ownership, analysing different ownership models and their relevance outside the scope of the Data Act. With a comprehensive style of 15 pages, the report creates an overview of data ownership claims, on both EU and the national level. It reflects a more nuanced approach to data regulation, encouraging collaboration and broader data sharing.
In conclusion, the report serves as a resource for policymakers, data holders, and the public, offering insights into the transition from a data ownership-based perspective to one centred on access and usage rights. The Data Act represents a significant step forward, promoting a more open, equitable, and innovation-driven data economy.
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