Private Law Theory

ABSTRACT
This chapter analyzes the evolving landscape of EU data-sharing agreements, particularly focusing on the balance between contractual freedom and fairness in the context of non-personal data. The discussion highlights the complexities introduced by recent EU legislation, such as the Data Act, Data Governance Act, and Open Data Directive, which collectively aim to regulate data markets and enhance data sharing. The chapter emphasizes how these laws impose obligations that limit contractual freedom to ensure fairness, particularly in business-to-business (B2B) and Internet of Things (IoT) data transactions. It also explores the tension between private ordering and public governance, suggesting that the EU’s approach marks a shift from property-based models to governance-based models in data regulation. This chapter underscores the significant impact these regulations will have on data contracts and the broader EU data economy.

Margoni, Thomas and Strowel, Alain M, Contractual Freedom and Fairness in EU Data Sharing Agreements (May 6, 2024). Forthcoming in de Werra and Calboli (eds), Research Handbook on Intellectual Property Licensing 2.0, 2024.