Looking at the Data Governance Act and Beyond: How to Better Integrate Data Intermediaries in the Market Order for Data Sharing

Abstract

This article enquires into the current prospects for data intermediaries in the context of competition and innovation policies. It asks what the conditions for and means to fulfil these promises are. This requires looking at the evolving legal framework-including the recently enacted Regulation (EU) 2022/686 'Data Governance Act', which affects the incentives of data intermediaries and market actors. In particular, this article explores the obstacles for the establishment of data intermediaries, the context for their activities and the necessary conditions to be set, and complimentary measures to be taken to make them work. The overall goal is to discuss how the findings would translate into viable policy options to advance the regulatory framework that would contribute to an effective market design for data sharing.