Shaping Markets : A Critical Evaluation of the Draft Data Act

With the publication of the “Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act)” in February 2022, the European Commission has delivered the centrepiece of its “European strategy for data”. The Draft Data Act proposes a horizontal right of access for private and business users of products that generate data and stipulates mandatory provisions for B2B standard contracts between data holders, users and third parties. The paper discusses whether the data access rights proposed by the Draft Data Act and the legal framework which is meant to make them effective will likely contribute, or can be made to contribute, to a well-functioning competitive data economy