Carolina Banda

Research Papers

Enforcing Data Portability in the Context of EU Competition Law and the GDPR, MIPLC Master Thesis Series (2016/17) 2018, 67 pp.

• When the General Data Protection Regulation (GDPR) comes into force in May 2018, one of its most controversial features will be the Right to Data Portability (RDP) introduced in Article 20. The RDP empowers individuals not only to obtain a copy of their information but also to transfer that data from one undertaking to another. Thus, the RDP contains two elements: consumer empowerment through data autonomy and increased data mobility which enhances competition. However, it remains unclear to what extent the RDP may actually help to resolve issues pertaining to lock-in effects in data-driven markets characterised by strong networks effects, barriers to entry and switching costs. This thesis analyses the characteristics of the RDP in comparison with the legal framework of the EU competition law. It presents several scenarios where the pro-competitive characteristics of the RDP may be helpful for competition matters. By contrast, this research also analyses the limitations of the RDP concerning several issues such as technical feasibility and interoperability. Consequently, we suggest that the RDP should be applied carefully, only in certain cases and sectors where the risk of abuse of dominance and entry barriers are high. Otherwise, the RDP may have an adverse effect for users, businesses and innovation.
• Available at SSRN

Opinions

Position Statement of the Max Planck Institute for Innovation and Competition of 25 May 2022 on the Commission's Proposal of 23 February 2022 for a Regulation on Harmonised Rules on Fair Access to and Use of Data (Data Act), 2022, 124 pp. (together with Josef Drexl et al.).

• On 23 February 2022, the European Commission issued a Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act). The overarching objective of the Proposal is to ‘ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data available for all’. The Institute hereby presents its Position Statement that features a comprehensive analysis of whether and to what extent the proposed rules might reach the envisaged objectives. It comments on all parts of the Proposal, including the new IoT data access and use right. Finally, the Institute offers a set of recommendations as to how the proposed provisions should be amended in the legislative process to align them better with the objectives of the Data Act.
• Position_Statement_MPI_Data_Act_Formal__13.06.2022.pdf
• Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 22-05

Further Publications, Press Articles, Interviews

A Closer Insight into Copyright Related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act, Kluwer Copyright Blog 2022 (together with Begoña Gonzalez Otero, Valentina Moscon).

• https://copyrightblog.kluweriplaw.com/2022/06/29/a-closer-insight-into-copyright-related-issues-in-the-position-statement-of-the-max-planck-institute-for-innovation-and-competition-on-the-commissions-proposal-for-a-data-act/