ELE 3801 EU Data Law
ELE 3801 EU Data Law
Data is considered as the most valuable resource of the 21st century. Aphorisms describing data as the ‘new oil’, ‘new asset class’, and ‘lifeblood of businesses’ of the digital economy capture the pivotal role that data plays as the fuel that powers innovation and competitiveness in this economy —spurring new business models, serving as a key source of revenue and unlocking a range of benefits for consumers in exchange for their data. Despite its growing significance, regulatory discussions around data have, until recently, been largely centered on the protection of personal data as a fundamental right, particularly within the framework of the General Data Protection Regulation (GDPR). However, this focus is shifting, as a new wave of EU regulatory instruments begins to acknowledge the broader economic and social importance of data. This shift is evident in the adoption of the Data Act, the Data Governance Act, the Digital Markets Act, and the modernization of the Open Data Directive.
While the Data Act aims to establish de facto rights for accessing and using data generated by connected devices, the Data Governance Act creates a framework for the safe and responsible sharing of data, including for altruistic purposes, across the EU. Similarly, the Open Data Directive seeks to drive innovation in products and services by facilitating access to data held by the public sector, while also promoting transparency and accountability in public entities. The Digital Markets Act (DMA), on the other hand, tackles competition concerns related to data by enhancing data portability and access rights for users and businesses, and by requiring certain large digital companies to share data with smaller competitors. In addition, the AI Act regulates aspects of data used in training AI models, addressing both fundamental rights considerations and intellectual property (IP) protection. Collectively, these regulations form a complex web of legal instruments addressing the economic, social and fundamental rights aspects of data in today’s economy.
This course will focus on the various regulatory instruments that target data as a regulatory object, providing students with an understanding of their key objectives and how they interact with one another. Emphasis will be placed on both existing and upcoming regulations, such as the Data Act, Data Governance Act, and how these are juxtaposed with the GDPR, DMA, and AI Act.
After attending the course, the candidate shall have knowledge of:
- The economic, social and fundamental rights dimensions of data
- The rationale and policy considerations behind the rules on data and how they interact with each other
- The different data rights for individuals and businesses
After attending the course, the candidates shall be able to:
- Explain the rationale behind the different regulatory instruments targeting data
- Critically evaluate current data laws, such as the GDPR, Data Act, Data Governance Act, and DMA, and how these frameworks interact
- Design and advise on appropriate strategies for businesses to exploit their data resources while respecting the rights of others
- Engage in informed discussions on finding the right balance between maximizing the value derived from data and addressing privacy and other potential data-related harms.
- Identify emerging issues related to data regulation and governance, and explore potential policy solutions to address these challenges
- Understand the intersection of data protection, competition, and intellectual property (IP) policies.
- Reflect critically on the power dynamics related to data control and ownership.
- Comprehend the interplay between technology, markets, and law.
- Introduction to data as a regulatory target
- Data protection
- Property rights in data
- Data as an asset
- Data sovereignty
- The GDPR and the fundamental rights’ dimension of data
- Access and use rights under the Data Act
- DMA and the competition dimension of data
- Government held data and the Open Data Directive
- Data rules in the AI Act
- The Data Governance Act
The course will be taught through regular lectures, group discussions, case studies and engagement in online forums (Quizzes, Menti polls).
This course complements Law in the Digital Age with only minimal overlap between the two.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
To enroll in this course, you must have completed legal courses equivalent to at least 30 ECTS. The completed legal courses must include legal method, EEA law (EØS-rett), contract law, and the law of obligations.
Assessments |
---|
Exam category: Submission Form of assessment: Submission PDF Exam/hand-in semester: First Semester Weight: 100 Grouping: Group/Individual (1 - 3) Duration: 1 Week(s) Exam code: ELE 38011 Grading scale: ECTS Resit: Examination when next scheduled course |
Activity | Duration | Comment |
---|---|---|
Teaching | 30 Hour(s) | |
Digital resources
| 8 Hour(s) | |
Student's own work with learning resources | 135 Hour(s) | |
Seminar groups | 5 Hour(s) | |
Company visit and/or Study trip | 2 | |
Examination | 20 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.