Data Sharing and Data Protection

Rezumat

Data sharing adds a new perspective to the debate on outsourcing data for processing purposes or on externalising the storage of data. The EU’s Draft Regulation on European data governance focuses on sharing data held by public bodies. But projects for data sharing on a commercial basis are also regarded as an instrument for counterbalancing the influence of big data platforms for the benefit of small and medium sized enterprises. This paper will assess the legal framework for externalising data by contract. The function of property rules will be explored in order to ascertain whether data protection rights under the GDPR need to be supplied by quasi property status of data with value. This ushers in an assessment whether data trusts or comparable organisational arrangements offer meaningful structures for data sharing. An analogy with cloud computing law will offer valuable insights for practitioners and regulators.