Published online by Cambridge University Press: 24 September 2025
In order to evaluate the compatibility model of EU data legislation between data markets and data protection, I need a unique relevant yardstick, namely a conceptualization of data commodification. While data commodification has been referred to in the literature, there is surprisingly no conceptualization of this phenomenon. Data commodification is oft en pictured as a monolithic phenomenon whereby data would be either ‘commodified‘ or not. Authors engaging with this phenomenon provide little explanation as to which criterion(a) would trigger a qualification as either ‘commodified‘ or not. Because used mainly by fierce opponents to this phenomenon, the term ‘commodification‘ mainly serves to cast shame on certain data governance arrangements. What is missing, for the purpose of the present endeavor, is a conceptualization of data commodification that reports on three main aspects: First, the reasons why data commodification – and ultimately data markets – is a disputed phenomenon, or in other words why data markets and/or commodification is oft en met with discomfort – if not squarely discontent. Second, how the law relates to data commodification and, third, how data commodification relates to values that are not necessarily exchange or market ones such as data protection. The conceptualization of the data commodification phenomenon in a way that report on these specifications constitutes the object of Part I of this book.
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