Smart City Data Commons under the Data Governance Act – Lowering the Threshold Toward Introducing Smart City Data Commons

Smart Cities will provide an unprecedented trove of data that is set to revolutionize the efficiency of cities and the competitiveness of businesses according to the EU’s Strategy for Data. The governance of this data is concerning, for it is already evident that non-personal data can significantly affect communities, an effect which would be amplified in a smart city. However, under the EU’s current legal framework the ability of communities to govern non-personal data in smart cities is almost non-existent. Consequently, smart city data commons have been highlighted as a possible solution, through which communities could be empowered to govern the data they generate. However, the question arises whether such commons could exist under the current EU legal framework. This paper aims to examine this question in the light of the Data Governance Act and whether smart city data commons could exist as data intermediation services or data altruism organizations.