Regimi di condivisione dei dati ed interoperabilità: il ruolo e la disciplina delle A.P.I.

Several regimes providing for data sharing have surfaced within the European Union over the last years. Despite radical differences in terms of objects and competitive impact, they all rely on Application Programming Interfaces (APIs) to enable a seamless flow of data. By shedding light on the main European regulatory initiatives which have so far emerged in the realm of data governance (right to personal data portability, free flow of non-personal data, access to customer account data rule, re-use of government data), the article warns against approaches not sensitive to the effective implementation of these mechanisms. Namely, data sharing by means of APIs requires continuous oversight and the joint effort of public and private undertakings in order work effectively. By pointing at the difficulties of implementing general scope regimes, such as the data portability right enshrined in the General Data Protection Regulation (GDPR) and in the Framework for the Free Flow of Non-Personal Data, the article stresses the importance of adopting a more humble sector-specific strategy along the lines of the access to account regime enshrined in the revised Payment Service Directive (PSD2).