1. Using data as a production factor: policy ideas for a new EU data strategy
- Author:
- Bertin Martins
- Publication Date:
- 01-2025
- Content Type:
- Policy Brief
- Institution:
- Bruegel
- Abstract:
- A major task for the 2024-2029 European Commission will be to reconcile and simplify the European Union’s range of data-market laws into a more coherent framework. At the heart of the approach should be the non-rival nature of data, meaning it can be used by many parties for many purposes at the same time. That creates the potential for economic efficiency gains from the re-use and aggregation of data. Exclusive private data control rights and high transaction costs may stand in the way of realising these gains. We define economic criteria against which existing data market regulations can be evaluated. These criteria lead to the following recommendations to improve existing EU data regulations: The EU general data protection regulation facilitates re-use of personal data. Machine-readable consent notices and real-time data transfers could reduce high transaction costs that prevent meaningful exercise of informed consent. The European Health Data Space contains an almost-ideal governance regime for health-data re-use and pooling that maximises incentives for data-driven innovation. This regime should be applied to other industrial data-space initiatives. The Data Act facilitates access and re-use of product data but exclusive licensing rights for data holders, monopolistic pricing of third-party data transfers and other anti-competitive measures reduce its impact. Widening its application to services data would make it a truly horizontal data-market regulation. The Digital Markets Act contains several obligations for platforms to grant users access to their own data. Widening access to networked data would facilitate competition between platforms and their users. Mutual instead of unilateral sharing of search-engine data would avoid fragmentation of the search-data pool. The Artificial Intelligence Act imposes unwarranted and costly restrictions on the re-use of copyright-related content data for AI model training data, reducing the innovative impact of AI. The text and data mining exception in the EU Copyright Directive could be broadened to address these new AI technology challenges. EU data market regulations exhibit a tension between exclusive private rights and the realisation of the wider societal value of data. Finding an acceptable balance may involve some redistribution of the efficiency gains between data users and the original data collectors.
- Topic:
- Markets, European Union, Digital Economy, Microeconomics, Data, and Digital Markets Act (DMA)
- Political Geography:
- Europe