Big Data, Open Data, Privacy Regulations, Intellectual Property and Competition Law in an Internet-of-Things World: The Issue of Accessing Data

2018
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Author: Björn Lundqvist
Published in: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Publisher: Springer Berlin Heidelberg

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Abstract

The interface between the legal systems triggered by the creation, distribution and consumption of data is difficult to grasp, and this paper therefore tries to dissect this interface by following information, i.e. ‘data’, from its sources, to users and re-users and ultimately to its consumers in an ‘Internet of Things’, or ‘Industrial Internet’, setting. The paper starts with the attempt to identify what legal systems are applicable in this process, with special focus on when competition law may be useful for accessing data. The paper concludes that general competition law may not be readily available for accessing generic (personal or non-personal) data, except for situations in which the data set is indispensable to access an industry or a relevant market, while sector-specific regulations seem to emerge as a tool for accessing data held by competitors and third parties. However, the main issue under general competition law in the data industry, at its current stage of development, is to facilitate the implementation of the Internet of Things.

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Dr. Björn Lundqvist, LLM (Michigan) is Associate Professor of EU Law at Stockholm University.

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previous chapter The Rise of Big Data and the Loss of Privacy

next chapter A Competition-Law-Oriented Look at the Application of Data Protection and IP Law to the Internet of Things: Towards a Wider ‘Holistic Approach’

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Title: Big Data, Open Data, Privacy Regulations, Intellectual Property and Competition Law in an Internet-of-Things World: The Issue of Accessing Data
Author: Björn Lundqvist
Publisher: Springer Berlin Heidelberg
Book: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Print ISBN: 978-3-662-57645-8

Electronic ISBN: 978-3-662-57646-5

Copyright Year: 2018
DOI: https://doi.org/10.1007/978-3-662-57646-5_8

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