On the Calculation of ‘Reasonable Remuneration’ for Data Access Claims Based on German and European Competition Law

Wirtschaft und Wettbewerb 2023 (5), 264-267

3 Pages Posted: 13 May 2023

Date Written: April 25, 2023

Abstract

Data owners may be required to grant access to their data to third party businesses through the operation of various legal requirements. To date, these rules have not been noticeably applied in practice. There are likely two key reasons for this: the "data protection defence", i.e., the possible inadmissibility under data protection law of a de-manded disclosure of personal data, and the lack of clarity as to what constitutes a "reasonable remuneration" as a legal prerequisite for data access in a specific case. This article focuses on a practicable method for the concrete quantification of a reasonable renumeration for access.

Keywords: data access, big data, data value, business models, competition, antitrust, litigation, innovation, artificial intelligence, dma, data access, startups, claims, technology, legal , aw

JEL Classification: K21, O33, O3

Suggested Citation

Stancke, Fabian, On the Calculation of ‘Reasonable Remuneration’ for Data Access Claims Based on German and European Competition Law (April 25, 2023). Wirtschaft und Wettbewerb 2023 (5), 264-267, Available at SSRN: https://ssrn.com/abstract=4445204

Fabian Stancke (Contact Author)

Brunswick European Law School ( email )

Germany

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