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Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances


ISBN13: 9789403541600
Published: January 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £134.00



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Imposing Data Sharing among Private Actors is a vital book shedding light on the nature of certain economic and societal balancing exercises required for any compulsory business-to-business (B2B) data-sharing initiatives because data sharing involves both benefits and potential costs. While the economic value originating from data sharing seems evident, identifying the legal framework to be applied to it is a challenge. This is due to the multiple claims and rights aimed at controlling, accessing or benefiting from data processing.

Whether these initiatives pursue economic, societal or empowerment objectives, their potential benefits must be balanced with the following three considerations that are extensively investigated in the book:

  • the economic interests of the data holder
  • personal data protection considerations, and
  • long-term and collective costs in terms of individual autonomy

The analysis elucidates how these aspects have been factored into existing compulsory B2B data-sharing initiatives so far (particularly in Europe), and on how they may be used as a source of inspiration in future initiatives. Insightful suggestions on the implementation of these balancing exercises conclude the volume.

Based on law and literature in competition, personal data protection and intellectual property, the book greatly highlights the necessary balances underlying compulsory B2B data sharing and raises awareness about the crucial need to take the risks involved into consideration. It will be highly appreciated by policymakers, academics and private actors interested in issues linked to competition law in the digital environment, regulation of platforms, data governance or the interaction between competition law and personal data protection law.

Subjects:
Data Protection, IT, Internet and Artificial Intelligence Law
Contents:
Part I: The Fundaments of (Data) Sharing: What, Why and How?
Chapter 1. Sharing What? A Typology of Data
Chapter 2. Why Sharing? The Rationale for (Data) Sharing
Chapter 3. Sharing How? A Typology of Data Sharing Models and Initiatives
Part II: Empowerment’ Initiatives Imposing B2B Data Sharing
Chapter 4. Main ‘Empowerment’ Initiatives Imposing B2B Data Sharing and Recent Trends
Chapter 5. Key Balancing Exercises Entailed by ‘Empowerment’ Initiatives Imposing B2B Data Sharing
Part III: Economic or Societal Initiatives Imposing B2B Data Sharing
Chapter 6. Balancing Exercises in Competition Law: Incentivising Innovation Versus Maximising Social Welfare Through Large Dissemination
Chapter 7. Articulation Between Data Protection and Competition Law
Chapter 8. Towards More Ex Ante Legislations Imposing B2B Data Sharing for Economic Purposes
Chapter 9. Societal Initiatives Imposing B2B Data Sharing
References

Series: Information Law Series

Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403541655
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Kluwer Law International
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Copyright and Electronic Commerce
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Kluwer Law International
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Copyright and Photographs: An International Survey ISBN 9789041197221
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Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
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From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
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ISBN 9789041102676
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