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HomeStudy on model contract terms and fairness control in data sharing and in cloud contracts and on data access rights
Executive summary
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Data is a critical and omnipresent building block of today’s economy. Over the past few years, improvements in the collection, exchange and use of data have given rise to the creation of entirely new industries and business models. This has created new value and benefits for citizens, companies and public administrations. As such, the net impact of the data economy has been emphatically positive. However, the advent of the data economy is not without its challenges. The ability to access and use data is increasingly a precondition for doing business. This also implies that the data economy suffers when a specific business chooses to constrain access to its data or its services. This can happen when it chooses not to share data, or when it insists on using unfair contractual terms. The result is a loss to society, not only in terms of economic benefits, but also in terms of innovation and societal gains. This Study focuses on two contexts where that problem can occur. Firstly, the Study examines whether and to what extent data is shared fairly already, particularly in a B2B context. Secondly, it looks at current contractual practices in the cloud market, and whether they are fair to cloud customers. Fairness problems can be particularly difficult to manage for stakeholders with more limited negotiation power, such as SMEs, and ultimately harm society as a whole. Fairness problems are not identical for the data sharing market and for the cloud market, however. In the data sharing market, the principal question is whether today data holders make their data available to third parties and if so, whether they do it under fair terms. That kind of data sharing could be necessary e.g. to enable maintenance and repairs of a device, to allow a customer to understand how their device is performing, or to allow another company to create added value services on the basis of the data. In the cloud market on the other hand, the issue is not only whether the customer can access their own data, but more generally whether their business interests are sufficiently considered in contracts. The fairness question is linked more directly to imbalance in negotiation power. Since there is a small number of dominant cloud providers, can customers realistically negotiate fair contractual terms? And if not, what are the implications?
- Offentliggjort:
- Emner: Retlige og indre anliggender , Informations- og telekommunikationsteknologi
- Emne: adgang til information , cloudcomputing , databeskyttelse , digital teknologi , EU-strategi , kontraktbestemmelse , personoplysninger , udveksling af information , urimelig kontraktbestemmelse , åbne data
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| ISSN | ISBN 978-92-76-53269-9 | DOI 10.2838/462588 | Katalognummer DS-07-22-423-EN-N |
- Released on EU publications website:
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