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PART III - DATA PROTECTION AND DATA COMMODIFICATION

Published online by Cambridge University Press:  24 September 2025

Charlotte Ducuing
Affiliation:
KU Leuven, Belgium
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Summary

As a reminder, Part I of the book was dedicated to the understanding of the data commodification phenomenon. I designed a data commodification spectrum ranging from data complete commodification to data complete noncommodification, on the basis of four ‘data-specific commodification indicia‘. Thus designed, the data commodification spectrum serves as a unique yardstick to compare and cluster how respective schools of thoughts engage with the tradability of data.

In Part II, I analyzed EU data legislation – namely the Data Act and the DGA – systematically against the background of data commodification. I clustered them on the data commodification spectrum on the basis of the data-specific commodification indicia. I found that both the Data Act and the DGA can be placed in between the ‘efficient‘ and the ‘fair‘ data market paradigms. They both lay down sui generis rules for data, with the steady objective of commodifying them despite their specificities. From the perspective of data commodification, the Data Act and the DGA display a rather high level of consistency with one another, especially at the conceptual level. The Data Act and the DGA are generally embedded into market values and a market rhetoric, which can be traced back to the efficient data market paradigm.

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Type
Chapter
Information
Data Commodification and the Law
Navigating Data Markets and Data Protection
, pp. 217 - 218
Publisher: Intersentia
Print publication year: 2025

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