Data Ownership for System Data
Creating a legal framework for a new class of assets
von Antonia HerfurthRights in data have been regulated only fragmentarily so far – the legal treatment of system data is particularly weak. Yet they have an enormous economic value. This Master's Thesis is therefore dedicated to the development of a data ownership for system data.
Detached from the mere subsumption under property law or copyright law, the Thesis develops its own legal approach.
It determines who should be the data owner and what rights he should be entitled to. On the other hand, it flanks data ownership with limitations and exceptions.
The work does not only develop a national or European concept for data ownership, but an international one. The new draft of the European Data Act – published a few days after the completion of this Thesis – focuses on relative legal relationships. This confirms the Master’s Thesis approach that individuals should have rights in their non-personal system data. The Thesis now sets the systematic connecting point of an origi-nal right to this kind of data. Thus, the Data Act and the concept for system data ownership developed in this Thesis complete each other.
Detached from the mere subsumption under property law or copyright law, the Thesis develops its own legal approach.
It determines who should be the data owner and what rights he should be entitled to. On the other hand, it flanks data ownership with limitations and exceptions.
The work does not only develop a national or European concept for data ownership, but an international one. The new draft of the European Data Act – published a few days after the completion of this Thesis – focuses on relative legal relationships. This confirms the Master’s Thesis approach that individuals should have rights in their non-personal system data. The Thesis now sets the systematic connecting point of an origi-nal right to this kind of data. Thus, the Data Act and the concept for system data ownership developed in this Thesis complete each other.