Imposing Data Sharing Among Private Actors : A Tale of Evolving Balances

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Information Law Series #48

 

About this book:

Imposing Data Sharing among Private Actors is a vital book shedding light on the nature of certain economic and societal balancing exercises required for any compulsory business-to-business (B2B) data-sharing initiatives because data sharing involves both benefits and potential costs. While the economic value originating from data sharing seems evident, identifying the legal framework to be applied to it is a challenge. This is due to the multiple claims and rights aimed at controlling, accessing or benefiting from data processing.

What’s in this book:

Whether these initiatives pursue economic, societal or empowerment objectives, their potential benefits must be balanced with the following three considerations that are extensively investigated in the book:

• the economic interests of the data holder;

• personal data protection considerations; and

• long-term and collective costs in terms of individual autonomy.

 The analysis elucidates how these aspects have been factored into existing compulsory B2B data-sharing initiatives so far (particularly in Europe), and on how they may be used as a source of inspiration in future initiatives. Insightful suggestions on the implementation of these balancing exercises conclude the volume.

How this will help you:

Based on law and literature in competition, personal data protection and intellectual property, the book greatly highlights the necessary balances underlying compulsory B2B data sharing and raises awareness about the crucial need to take the risks involved into consideration. It will be highly appreciated by policymakers, academics and private actors interested in issues linked to competition law in the digital environment, regulation of platforms, data governance or the interaction between competition law and personal data protection law.

 

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Thomas Tombal is Post-Doctoral Researcher at Tilburg University. He is affiliated to the Tilburg Institute for Law, Technology, and Society (TILT) and the Tilburg Law and Economics Center (TILEC). He holds expertise in ICT law, and more specifically in the areas of competition law, platform regulation, data sharing, data governance and data protection issues linked to the data economy. Before joining Tilburg University, Thomas worked for five years as a researcher at the CRIDS (Centre de Recherche Information, Droit et Société) of the University of Namur (Belgium), where he obtained his PhD in September 2021. In addition to his research activities at Tilburg University, Thomas has teaching appointments at the University of Namur, where he teach the classes ‘ICT Law’, ‘Comparative Law and English Legal Terminology’, and ‘Environmental Law’. Thomas obtained a Master’s in Law (Université Catholique de Louvain) – during which he carried out an Erasmus at Trinity College in Dublin – and a Complementary Master’s in ICT Law (University of Namur).