Lessons from Intellectual Property Law for Designing Modern EU Data Law in: Kreation Innovation Märkte - Creation Innovation Markets - Festschrift Reto M. Hilty, Springer, Berlin; Heidelberg 2024, 981 - 996.
The EU legislature is currently adopting a number of legal instruments to regulate the data economy. As part of this emerging data law, the legislature allocates private rights in data. There is common understanding that modern data law should promote free flow of data to increase the availability and level of use of data. However, there is less consensus on the concrete legal design of the emerging new rules. This Chapter emphasises the need to coordinate modern data law with intellectual property law and relies on principles of the latter as guidance for the design of data rights to promote innovation in the digital economy in the interest of society and to reach a fair balance of interests among different stakeholders.
