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Nine Riis, Shaping the field of EU Data Law, 14 (2023) JIPITEC 54 para 1.
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%0 Journal Article %T Shaping the field of EU Data Law %A Riis, Nine %J JIPITEC %D 2023 %V 14 %N 1 %@ 2190-3387 %F riis2023 %X The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term “EU data law”, almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data’s particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society. %L 340 %K classification %K data %K data law %K economic goals %K fundamental rights %U http://nbn-resolving.de/urn:nbn:de:0009-29-57074 %P 54-65Download
Bibtex
@Article{riis2023,
author = "Riis, Nine",
title = "Shaping the field of EU Data Law",
journal = "JIPITEC",
year = "2023",
volume = "14",
number = "1",
pages = "54--65",
keywords = "classification; data; data law; economic goals; fundamental rights",
abstract = "The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term ``EU data law'', almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data's particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-57074"
}
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RIS
TY - JOUR AU - Riis, Nine PY - 2023 DA - 2023// TI - Shaping the field of EU Data Law JO - JIPITEC SP - 54 EP - 65 VL - 14 IS - 1 KW - classification KW - data KW - data law KW - economic goals KW - fundamental rights AB - The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term “EU data law”, almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data’s particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-57074 ID - riis2023 ER -Download
Wordbib
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ISI
PT Journal AU Riis, N TI Shaping the field of EU Data Law SO JIPITEC PY 2023 BP 54 EP 65 VL 14 IS 1 DE classification; data; data law; economic goals; fundamental rights AB The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term “EU data law”, almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data’s particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society. ERDownload
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<abstract>The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term “EU data law”, almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data’s particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 14 (2023) 1 |
|---|---|
| Title |
Shaping the field of EU Data Law (eng) |
| Author | Nine Riis |
| Language | eng |
| Abstract | The lawmakers in Brussels have worked relentlessly in recent years on enacting legislation targeting data. Yet, data legislation and the associated research have so far been conducted through the lenses of traditional fields of law, such as copyright law and fundamental rights law. While some authors do use the term “EU data law”, almost no works exist that elaborate on the term and set out the value in conceptually working with an independent field of EU data law. To bridge this gap, the article demonstrates how EU data law can be classified as an autonomous legal field pursuant to the theory of factual classification. Furthermore, it shows how EU data law diverges from adjacent legal fields by striving to safeguard five distinct objectives stemming from data’s particular characteristics. The objectives can be summarised as protection of the following: (i) a competitive market, (ii) fundamental rights, (iii) consumers, (iv) trustworthiness and (v) Open Data. The article argues that to effectively create, interpret and enforce data legislation, it is necessary for the EU lawmaker to take into account all of these objectives, thus making classification an essential tool for ensuring a coherent body of data legislation. Moreover, the article advances that there is a dichotomy within EU data law between economic goals and fundamental rights. While such a dichotomy is not an issue in itself, it is problematic if it is not taken adequately into account by the legislator when proposing and enacting data legislation. The article concludes that the EU legislator must actively acknowledge the effects of the dichotomy in order to ensure a coherent data legislation capable of sustaining a digital European society. |
| Subject | classification, data, data law, economic goals, fundamental rights |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-57074 |
