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Unlocking the Power of Data - Accessibility and Data Portability Rights under the Data Act

Szczerbuk, Aleksander Jerzy LU (2024) HARN63 20241
Department of Business Law
Abstract
Following the rapidly evolving landscape of the policies set forth by the
European Union (EU) in the digital sphere, it is the area of governing and
regulating data that constitutes the core of the 2030 EU Digital Compass.
Addressing the current lack of clarity regarding who can use the data and the
imbalance in data-sharing agreements between Small and Medium
Enterprises (SMEs) and dominant market players, through the enactment of
the Data Act, the European Commission aims to unleash the opportunities
presented by data, introducing new rules on fair access and data sharing.
This thesis centres on the legal implications of the Data Act within the scope
of the data portability and accessibility rights, with particular emphasis on... (More)
Following the rapidly evolving landscape of the policies set forth by the
European Union (EU) in the digital sphere, it is the area of governing and
regulating data that constitutes the core of the 2030 EU Digital Compass.
Addressing the current lack of clarity regarding who can use the data and the
imbalance in data-sharing agreements between Small and Medium
Enterprises (SMEs) and dominant market players, through the enactment of
the Data Act, the European Commission aims to unleash the opportunities
presented by data, introducing new rules on fair access and data sharing.
This thesis centres on the legal implications of the Data Act within the scope
of the data portability and accessibility rights, with particular emphasis on the
newly arisen responsibilities incumbent upon data holders and the rights
endowed with data subjects, third parties and public authorities including the
European Union institutions. Furthermore, it analyses the regulatory scope of
the Data Act in light of the criticism invoked by the affected parties.
The findings extracted from the conducted research reveal that the Data Act
substantially broadens the scope of accessibility and portability rights by
expanding the rights granted, imposing obligations, and including a wider
range of beneficiary groups. However, the Regulation has also been subject
to significant criticism, particularly regarding the alleged excessively broad
scope of the right to access granted to public institutions and concerns over
potential encroachments on trade secret protection. (Less)
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author
Szczerbuk, Aleksander Jerzy LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Data Act, Right of Access, Data portability, EU Digital Compass, Data Protection, GDPR, Digitalisation
language
English
id
9157826
date added to LUP
2024-06-04 11:54:16
date last changed
2024-06-13 14:44:09
@misc{9157826,
  abstract     = {{Following the rapidly evolving landscape of the policies set forth by the
European Union (EU) in the digital sphere, it is the area of governing and
regulating data that constitutes the core of the 2030 EU Digital Compass.
Addressing the current lack of clarity regarding who can use the data and the
imbalance in data-sharing agreements between Small and Medium
Enterprises (SMEs) and dominant market players, through the enactment of
the Data Act, the European Commission aims to unleash the opportunities
presented by data, introducing new rules on fair access and data sharing.
This thesis centres on the legal implications of the Data Act within the scope
of the data portability and accessibility rights, with particular emphasis on the
newly arisen responsibilities incumbent upon data holders and the rights
endowed with data subjects, third parties and public authorities including the
European Union institutions. Furthermore, it analyses the regulatory scope of
the Data Act in light of the criticism invoked by the affected parties.
The findings extracted from the conducted research reveal that the Data Act
substantially broadens the scope of accessibility and portability rights by
expanding the rights granted, imposing obligations, and including a wider
range of beneficiary groups. However, the Regulation has also been subject
to significant criticism, particularly regarding the alleged excessively broad
scope of the right to access granted to public institutions and concerns over
potential encroachments on trade secret protection.}},
  author       = {{Szczerbuk, Aleksander Jerzy}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Unlocking the Power of Data - Accessibility and Data Portability Rights under the Data Act}},
  year         = {{2024}},
}