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Chapter 8 - The Preservation of the Heterogeneity and Autonomy of Data Protection Law

Published online by Cambridge University Press:  24 September 2025

Charlotte Ducuing
Affiliation:
KU Leuven, Belgium
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Summary

EU data legislation and the GDPR do respectively not engage in the same manner with data commodification, which notably manifests in different ways in which they respectively seek to empower individuals by granting them ‘data control‘. The misalignment is not a problem as such but evidences the fact that the enhancement of data control of individuals, by both EU data legislation and the GDPR, cannot constitute the bridge the two. In other words, the compatibility model of EU data legislation between data markets and data protection is based on what turns out to be a myth of congruence. Part IV of this book is dedicated to the analysis of the implications of the misalignment between EU data legislation and the GDPR concerning data commodification, for the compatibility model of EU data legislation between data markets and data protection. I focus on two sets of problems. In Chapter 7, I discussed the heightened likelihood that data subjects qualify as data controllers within the meaning of the GDPR, as a result of EU data legislation. I found that the decentralized data processing environment that EU data legislation establishes as well as the type of data control that EU data legislation puts forward and the tools and mechanisms for enhancing it, do indeed heighten the risk that data subjects act and qualify as data controllers.

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Chapter
Information
Data Commodification and the Law
Navigating Data Markets and Data Protection
, pp. 337 - 356
Publisher: Intersentia
Print publication year: 2025

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