Special Issue: The Law and Economics of the Data Economy

The contributions to this special issue address the variety of different EU regulations (Data Act, AI Act, Digital Markets Act, Digital Services Act and GDPR) seeking to foster the EU Data Economy, providing a better understanding of the law and economics in three broad areas of the data economy: (1) Access to data and data sharing (Eckardt/Kerber, Jeon/Menicucci, Rubinfeld), (2) data readiness and data sharing (Jorzik/Kirchhof/Mueller-Langer, Mouton/Rusche) and (3) artificial intelligence and other technologies (Buiten, Mertens/Scheufen). Several of these contributions focus on the DMA. While Mouton/Rusche exclusively deal with the DMA, Rubinfeld also addresses the GDPR. Eckardt/Kerber and Jorzik/Kirchhof/Mueller-Langer discuss the Data Act Proposal in some detail. In their paper on data portability, Jeon/Menicucci mainly refer to the GDPR, the Data Act Proposal, and the DMA. Buiten’s paper relates to the recent EC proposal for a review of the EU Product Liability Directive in order to make it applicable to modern technologies, such as AI. Mertens/Scheufen more generally discuss the effects of patent protection on innovation in the data economy while also assessing the impact of the DMA and the Data Act.

Overall, the authors of this special issue paint a rather sceptical picture, underlining the frequent accusations of overregulation at European level. Even if the various legislative initiatives are pursuing legitimate objectives, the limited manageability and bureaucratic structure for complying with the regulations may likely harm the competitiveness of the European Union for the future data economy.

Table of Contents

Eger, Thomas/ Scheufen, Marc, 2023, The Law and Economics of the Data Economy: Introduction to the Special Issue, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 93-310

A. Access to Data and Data Sharing

Eckardt, Martina/ Kerber, Wolfgang, 2023, Property Rights Theory, Bundle of Rights on IoT data, and the Data Act, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 113-143

Jeon, Doh-Shin/ Menucci, Domenico, Data Protability and Competition: Can Data Portability increase both Consumer Surplus and Profits?, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 145-162

Rubinfeld, Dan, 2023, Data Portability and Interoperability: An E.U.–U.S. Comparison, in: European Journal of Law and Economics, Vol. 57, No.1,pp. 163-179

B. Data Readiness and Data Sharing

Jorzik, Nathalie/ Kirchhoff, Paula Johanna/ Mueller-Langer, Frank, 2023, Industrial Data Sharing and Data Readiness: A Law and Economics Perspective, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 181-205

Mouton, Jeanne/ Rusche, Christian, 2023, Before and after the fourth Obligation of the Article 5 of the DMA: Business Model Decisions of Gatekeepers and Business Users, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 207-237

C. Artificial Intelligence and other Technologies

Buiten, Miriam, 2023, Product Liability Rules for AI Systems, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 239-273

Mertens, Armin/ Scheufen, Marc, 2023, Intellectual Property and Fourth Industrial Revolution Technologies: How the Patent System is Shaping the Future in the Data-Driven Economy, in: European Journal of Law and Economics, Vol. 57, No.1, pp. 275-310