The article investigates two specific aspects of the Digital Services Act Package proposed by the European Commission. More precisely, it aims to underline the existence in the current and proposed regulatory framework of a principle of openness of data, which can be considered fundamental for the fulfilment of general interest, even if collected by private economic operators. First, the attention will be focused on the obligation to open up certain data collected by digital platforms to competitors in the same market (art. 6, Digital Markets Act), identifying in such provision a significant recognition of the relevant jurisprudence and an effective instrument to overcome the problems posed with an ex-post recourse to the instruments of competition law. Such analysis will therefore underline a notable similarity between the evolution of the data market discipline and digital markets, in general, with the evolution of network services. Secondly, the aforementioned proposal of regulation will be put in relation to the Data Governance Act and the Digital Services Act, to identify the existence of a general principle of necessary sharing and opening of data aimed not only at the creation of perfect competition on the market but also at the fulfilment of a general interest. If this interest can be considered to exist and if the similarity with the evolution of network services can be considered true, such statements could pave the way for the identification of a series of burdens or obligations on the data collectors to open up data to the general public under fair and non-discriminatory conditions, using existing legal instruments at EU level (Article 106(2) TFEU), considering that the general interest of access to data is not fully reached in the competitive market. It is thus intended to open toward future research perspectives, which are becoming increasingly important and urgent in the so-called “knowledge society”.
Big Data, Power and Knowledge. Regulatory Aspects of Access to Big Data and the Digital Services Act Package.
chiara castaldo
2022-01-01
Abstract
The article investigates two specific aspects of the Digital Services Act Package proposed by the European Commission. More precisely, it aims to underline the existence in the current and proposed regulatory framework of a principle of openness of data, which can be considered fundamental for the fulfilment of general interest, even if collected by private economic operators. First, the attention will be focused on the obligation to open up certain data collected by digital platforms to competitors in the same market (art. 6, Digital Markets Act), identifying in such provision a significant recognition of the relevant jurisprudence and an effective instrument to overcome the problems posed with an ex-post recourse to the instruments of competition law. Such analysis will therefore underline a notable similarity between the evolution of the data market discipline and digital markets, in general, with the evolution of network services. Secondly, the aforementioned proposal of regulation will be put in relation to the Data Governance Act and the Digital Services Act, to identify the existence of a general principle of necessary sharing and opening of data aimed not only at the creation of perfect competition on the market but also at the fulfilment of a general interest. If this interest can be considered to exist and if the similarity with the evolution of network services can be considered true, such statements could pave the way for the identification of a series of burdens or obligations on the data collectors to open up data to the general public under fair and non-discriminatory conditions, using existing legal instruments at EU level (Article 106(2) TFEU), considering that the general interest of access to data is not fully reached in the competitive market. It is thus intended to open toward future research perspectives, which are becoming increasingly important and urgent in the so-called “knowledge society”.
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