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dc.contributor.authorNoto La Diega, Guidoen_UK
dc.contributor.editorElvy, Stacy-Annen_UK
dc.contributor.editorKim, Nancyen_UK
dc.description.abstractAs Europe starts to embrace quantum computing, it becomes irrefutable that the big data generated by the Internet of Things (IoT) could and should be used to solve complex societal problems ranging from health through energy transition to climate justice. However, through a combination of IP, contracts, technological protections, and factual power, IoT companies are creating what we can call ‘smart data enclosures’. Data generated by and through smart devices is effectively appropriated by private business that prevents end-users and third parties from accessing and re-using it. These concerns were confirmed by the European Commission’s inquiry into the competition issues in the IoT, which evidenced how the leading players in the IoT market amass huge amounts of data about the users’ ‘Things’, enclose them, and prevent third parties from accessing them. Smart data enclosures are detrimental as open access to data is pivotal to common-good-oriented data uses e.g. for sustainability purposes. For example, open data is vital to measure the progress countries are making towards the UN Sustainable Development Goals (SDGs), as well as for the creation of data-driven IoT solutions to problems at the core of the SDGs (e.g. access to smartphone data can be used to predict the spread of infectious diseases under SDG 3). The World Economic Forum itself has underlined that, for the IoT to contribute to sustainability, partnerships between diverse stakeholders have to be established, and these have to include early agreements on data governance terms and the commitment to open up data to drive cross-industry solutions. Smart data enclosures exist despite the theoretical absence of an IPR covering data per se (with some partial exceptions e.g. database rights) and, crucially, despite the rise of data access mechanisms in EU data governance laws. The European Strategy for Data recognised that the limited availability of quality data is ‘holding the EU back from realising its potential in the data economy [and that] The value of data lies in its use and re-use’. The imperative to open up data is justified by the fact that, both in the public and in the private sector, ‘data is created by society’ and as such it ought to be used to tackle the most pressing societal challenges of our time. Building on this mandate, the EU has been introducing a number of data governance laws that purport to improve access to data, most notably the Data Governance Act, the Digital Markets Act, the Digital Services Act, the proposed Data Act, and the proposed AI Act. All of these instruments contain some proviso or caveat to protect the interest of the IP holders. Against this backdrop, this paper will critically evaluate how data access and IP are balanced in recent EU data governance laws, and if this balancing exercise risks effectively sterilising the ethos of openness that professedly informs those laws.en_UK
dc.publisherCambridge University Pressen_UK
dc.relationNoto La Diega G (2023) Ending Smart Data Enclosures: The European Approach to the Regulation of the Internet of Things between Access and Intellectual Property. In: Elvy S & Kim N (eds.) <i>The Cambridge Handbook on Emerging Issues at the Intersection of Commercial Law and Technology</i>. Cambridge Law Handbooks. Cambridge: Cambridge University Press.en_UK
dc.relation.ispartofseriesCambridge Law Handbooksen_UK
dc.rightsThis item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This material has been published in revised form in Cambridge Handbook on Emerging Issues at the Intersection of Commercial Law and Technology edited by Stacy-Ann Elvy and Nancy Kim, This version is free to view and download for private research and study only. Not for re-distribution or re-use. © Cambridge University Press, 2023.en_UK
dc.subjectdata governanceen_UK
dc.subjectintellectual propertyen_UK
dc.subjectdata accessen_UK
dc.subjectdata governance acten_UK
dc.subjectAI acten_UK
dc.subjectdigital services acten_UK
dc.subjectdigital markets acten_UK
dc.subjectdata enclosuresen_UK
dc.subjectsmart dataen_UK
dc.titleEnding Smart Data Enclosures: The European Approach to the Regulation of the Internet of Things between Access and Intellectual Propertyen_UK
dc.typePart of book or chapter of booken_UK
dc.rights.embargoreason[Ending Smart Data Enclosures.pdf] Publisher requires embargo of 6 months after publication.en_UK
dc.type.statusAM - Accepted Manuscripten_UK
dc.citation.btitleThe Cambridge Handbook on Emerging Issues at the Intersection of Commercial Law and Technologyen_UK
dc.description.notesOutput Status: Forthcomingen_UK
rioxxterms.apcnot requireden_UK
rioxxterms.typeBook chapteren_UK
local.rioxx.authorNoto La Diega, Guido|0000-0001-6918-5398en_UK
local.rioxx.projectInternal Project|University of Stirling|
local.rioxx.contributorElvy, Stacy-Ann|en_UK
local.rioxx.contributorKim, Nancy|en_UK
local.rioxx.filenameEnding Smart Data Enclosures.pdfen_UK
Appears in Collections:Law and Philosophy Book Chapters and Sections

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