Economic Self-Determination of Market Actors as Data Governance Concept: The Example of Digital Payment Services

The study conceptualizes a data governance concept that stimulates data-driven innovation within traditional private law settings and facilitates a unified doctrinal approach to EU data law. Central to this concept is a principle of economic self-determination of market actors, grounded in economic and technological considerations and aligned with the acquis communautaire. Rooted in the EU’s fundamental freedoms, this concept seeks to guide EU policymakers. It operates across three layers, addressing infrastructure, technology and market ordering, that are crucial for shaping data-sharing laws conducive to innovation and fostering an EU single market for data. Applied to the regulatory framework for digital payment services, the study pinpoints legal shortcomings and proposes amendments.