Legal Challenges of the Changing Role of Personal and Non-Personal Data in the Data Economy

Prof. Josef Drexl.
Max Planck Institute for Innovation and Competition, Munich

Thursday, 8 November 2018, 4 pm

UOC, Av. Tibidabo 39-43, 08035 – Barcelona

Confirmación asistencia: rxalabarder@uoc.edu 

As a response to the growing challenges of the modern data economy, the General Data Protection Regulation (GDPR) provides an advanced level of protection of the privacy interests of persons living in the EU. Yet the legal issues of the modern data economy are not exhausted by data protection issues. New legal issues focus more on the economic implications of the use of personal and non-personal data. Should the legislature recognise a new ownership right in data? Should such data be limited to non-personal, machine-generated data? Or, quite the contrary, should the legislature recognise an economic ownership right of data subjects in ‘their’ personal data? Is it correct to conceptualise the provision of – personal or, alternatively, personal and non-personal – data by consumers as a counter-performance for the purpose of defining the scope of application of EU consumer contract law? Should the legislature also recognise data portability and data access rights beyond the data portability right of the GDPR?

While the economic reality of the data economy is characterised by business models that collect and process both personal and non-personal data, the legislature may still have to decide the question of whether new legal rules should only apply to personal data, non-personal data or both of them. Based on a recent, much broader study the speaker has recently conducted for BEUC, the European Consumer Organisation, on the “Data Access and Control in the Era of Connected Devices”, the speaker will develop a comprehensive regulatory theory for the modern data economy and answer the abovementioned questions in the light of this theory.

 

Professor Drexl, Dr. iur. (Munich), LLM (UC Berkeley), is Director of the Max Planck Institute for Innovation and Competition in Munich (since 2002), a Honorary Professor at the University of Munich and a member of the Bavarian Academy of Science. As the Chair of the Project Board of the Munich Intellectual Property Law Center (MIPLC) Cooperation Project, Professor Drexl is responsible for an LL.M. program in IP with international outreach. He was the founding Chair of the Academic Society for Competition Law (ASCOLA) from 2003 to 2013, and he is a Vice-President of the Association Internationale de Droit Economique (AIDE). He acted as a visiting professor at Oxford University, the Libera Università Internazionale per gli Studi Sociali (LUISS) Guido Carli in Rome, the New York University and regularly teaches at the Université de Paris 2 Panthéon-Assas. Professor Drexl is an expert in both competition law and intellectual property law. The competition law aspects of IP and international issues of both IP and competition law are among his major research interests. More recent work focuses on the IP and competition-law issues of the new digital economy in times of industry 4.0 and the Internet of Things.