Through the application of the technological solution of the "extended vehicle" con-cept the car manufacturers can capture exclusive control of the data of connected cars leading to serious concerns about negative effects on competition, innovation and consumer choice on the markets for...

In its Communication "Building a European data economy" the EU Commission discusses the introduction of a new exclusive property right on data ("data producer right") for non-personal (or anonymised) machine-generated data, and mandatory access rights to privately held data for achieving more...

The need for regulatory solutions for access to in-vehicle data and resources of connected cars is one of the big controversial and unsolved policy issues. Last year the EU revised the Motor Vehicle Type Approval Regulation which already entailed a FRAND-like solution for the access to repair...

This paper analyses whether competition law can help to solve problems of access to data and interoperability in IoT ecosystems, where often one firm has exclu-sive control of the data produced by a smart device (and of the technical access to this device). Such a gatekeeper position can lead to...

Starting with the assumption that under certain conditions also mandatory solutions for access to privately held data can be necessary, this paper analyses the legal and regulatory instruments for the implementation of such data access solutions. After an analysis of advantages and problems of...

This paper shows that with respect to data the legal category of "property" (physical property or intellectual property) is not a suitable model for dealing with the complexity of data governance problems. Although data can be a valuable asset and might need incentives for its generation, the...

The "UsedSoft" decision of the Court of Justice of the European Union (CJEU) about the right of a buyer of a downloaded copy of a software to resell this copy triggered a controversial discussion about the applicability of the "exhaustion" rule (US: first-sale doctrine) to copyright-protected...

The discussion about appropriate legal rules for the digital economy has raised the question of the ownership of non-personal data, e.g. in the context of value networks of firms, smart manufacturing and connected cars. The article analyzes from an economic perspective whether there is a need...

On 29 March 2022, shortly after the publication of the proposal for a Data Act, the European Commission published the initiative “Access to vehicle data, functions and resources”. The background of this initiative is the long-standing conflict between vehicle manufacturers and a broad range...