Governance of data sharing: A law & economics proposal

Graef, Inge and Prüfer, Jens ORCID: (2021) Governance of data sharing: A law & economics proposal. Research Policy, 50 (9). ISSN 0048-7333

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To prevent market tipping, which inhibits innovation, there is an urgent need to mandate sharing of user information in data-driven markets. Existing legal mechanisms to impose data sharing under EU competition law and data portability under the GDPR are not sufficient to tackle this problem. Mandated data sharing requires the design of a governance structure that combines elements of economically efficient centralization with legally necessary decentralization. We identify three feasible options. One is to centralize investigations and enforcement in a European Data Sharing Agency (EDSA), while decision-making power lies with National Competition Authorities in a Board of Supervisors. The second option is to set up a Data Sharing Cooperation Network coordinated through a European Data Sharing Board, with the National Competition Authority best placed to run the investigation adjudicating and enforcing the mandatory data-sharing decision across the EU. A third option is to mix both governance structures and to task national authorities to investigate and adjudicate and the EU-level EDSA with enforcement of data sharing.

Item Type: Article
Additional Information: Funding Information: We thank Tobias Klein, Madina Kurmangaliyeva, Bertin Martens, Giorgio Monti, Patricia Prüfer and seminar participants at the Tilburg Law and Economics Center and at the Paris-Dauphine Working Group on Regulation of Platforms for helpful comments on an earlier draft. We have no conflicts of interest and acknowledge funding from the German Ministry of Finance (Grant No: fe 11/19). All errors are our own. Publisher Copyright: © 2021 The Authors
Uncontrolled Keywords: competition law,data protection,data sharing,data-driven markets,economic governance,regulation,strategy and management,management science and operations research,management of technology and innovation ,/dk/atira/pure/subjectarea/asjc/1400/1408
Faculty \ School: Faculty of Social Sciences > School of Economics
UEA Research Groups: Faculty of Social Sciences > Research Centres > Centre for Competition Policy
Faculty of Social Sciences > Research Groups > Economic Theory
Faculty of Social Sciences > Research Groups > Industrial Economics
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Depositing User: LivePure Connector
Date Deposited: 12 Sep 2022 10:32
Last Modified: 21 Oct 2023 00:42
DOI: 10.1016/j.respol.2021.104330

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