EuDEco forum for data reuseLegal aspects of modelling the EU data reuse

economy

Helena Ursic, University of LeidenMíchel Olmedo Cuevas, Rooter

The complexity of the legal perspective Overlaps of the laws and legal uncertainty are the critical points

Data reuse

Data use

Data localisation rules

IP rights

Data protection

Licences

Data protection

Data security

Human rights

Jurisdiction Enforcement

Changing legal landscape

New legal concepts

An initial heuristic modelPropositions with legal focus

Data protection law has the greatest and the most direct impact on data reuse

- Directive 95/46/EC from 1996- Privacy principles significant for data reuse

• The principle of purpose limitation • Data minimisation

- Data subject rights and privacy considerations- Proposal for the new regulation

An initial heuristic modelPropositions with legal focus

Database right obstructs data mining and Big Data analytics

- To protect database producers and to reward their investment

- sui generis right- Critisized: • unclear scope• public sector information lock-

up• obstructed data mining and

data analytics

An initial heuristic modelPropositions with legal focus

Copyright struggles to adapt to the dynamics of digital technologies

IP RIGHTS LICENSING

An initial heuristic modelPropositions with legal focus

Data localization laws create “Schengen zones for data”

- Limits of the storage, movement and/or processing of data to specific geographies and jurisdictions

- Undermining the possibility of global services - Detrimental to major advances in information

technology

An initial heuristic modelPropositions with legal focus

Big data contracting depends on the negotiation power of the parties

- Key issues: compromise on the ownership, warranties of compliance, duration of the relationship, risk allocation, data privacy and security issues, limitation of liability

- SMEs in an unfavourable position

An initial heuristic modelPropositions with legal focus

New big data technology based attack tools make the lawmakers revise cybersecurity law

- New technological developments are likely to create new security challenges

- Network and Information Security (NIS) Directive, proposed in early 2013.

An initial heuristic modelPropositions with legal focus

Unawareness is still present all through the EU- Companies unaware of the law- ”Our firms are not ready for the changes the regulations

might bring.”Emerging technologies are leading to regular updates of law- E.g. data protection law- continuous adaptation is

vital