Data access remedies: Economic trade-offs, data privacy and regulatory implementation

Daniel Schnurr

Chapter 13 in Research Handbook on Data, Privacy and Competition Law, 2025, pp 314-339 from Edward Elgar Publishing

Abstract: The conception, selection, and appraisal of data access remedies involve economic and technical considerations to navigate the trade-offs that emerge at the intersection of pro-competitive open access policies and data privacy goals. This chapter offers a conceptual analysis of these issues to provide scholars and practitioners with a guiding framework for the evaluation of data access remedies. On the basis of this conceptual framework, the chapter reviews data access remedies in the European regulatory framework, including the General Data Protection Regulation, the Digital Markets Act, and the Data Act. The chapter analyzes how the different regulations aim to balance the fundamental trade-offs of data access remedies and identifies potential shortcomings and implementation challenges. Based on this analysis, recommendations are derived on how to improve the effectiveness of data access remedies in the European regulatory framework to achieve the intended policy goals.

Keywords: Data access remedies; Data sharing; Data policies; Digital markets; Regulation; Law and economics (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802202328
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