<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected. Unless, the economic value of personal data is addressed in legal systems of Member states, the interests of people are not fully covered. The article aims to fill the vacuum by introducing new property right to data, the dualistic data property rights. The dualistic data property right is conceptually inspired by Copyright. The article proposes the character and content of the right that is in line with existing legal system and GDPR as well. The authors embark on analyses of all aspect of the dualistic property right and its benefits for the digital economy.</p>
</abstract>

Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected. Unless, the economic value of personal data is addressed in legal systems of Member states, the interests of people are not fully covered. The article aims to fill the vacuum by introducing new property right to data, the dualistic data property rights. The dualistic data property right is conceptually inspired by Copyright. The article proposes the character and content of the right that is in line with existing legal system and GDPR as well. The authors embark on analyses of all aspect of the dualistic property right and its benefits for the digital economy.

Dualistic Data Property Right: Solution for Controllership of Data in the European Union?

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected....

Dualistic Data Property Right: Solution for Controllership of Data in the European Union?

Publié en ligne: 29 mars 2022

Pages: 43 - 67

DOI: https://doi.org/10.2478/iclr-2021-0013

Mots clés
personal data, property rights, General Data Protection Regulation, ownership, moral rights, economic rights, Intellectual Property

© 2021 Petra Žárská et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Dualistic Data Property Right: Solution for Controllership of Data in the European Union?

Publié en ligne: 29 mars 2022

Pages: 43 - 67

DOI: https://doi.org/10.2478/iclr-2021-0013

Mots cléspersonal data, property rights, General Data Protection Regulation, ownership, moral rights, economic rights, Intellectual Property

© 2021 Petra Žárská et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
personal data, property rights, General Data Protection Regulation, ownership, moral rights, economic rights, Intellectual Property