EU 데이터법상 데이터 권리의 귀속에 대한 비판적 검토

Abstract

In a digital economy where goods and services are traded in an online environment, data itself is the subject of transactions. Accordingly, the Data Act was enacted as a rule at the EU level to regulate fair access to and use of data. As private law rules play a key role in the overall framework for data sharing, this Regulation adapts rules of contract law and the perspective of regulatory law is also highlighted. There are special provisions for the protection of SMEs while placing user rights at the center for competition and consumer protection. This Act assumes users of connected products and related services(hereinafter ‘users’), data holders, and data recipients as data transaction parties, and legal relationship between them is governed by the contract law, with the users at the center. In this way, the attribution of data rights in this Act is very simple and clear, but there is no explanation for its logical or legal basis. Ideas of user-centered ownership, ideas similar to intellectual property rights for holders, and ideas of co-generators of data are mixed. However, granting users a superior status and recognizing data holders with a status similar to intellectual property rights may hinder innovation and competition, the goals of this Act. In my view, granting parallel and independent rights to co-generators of data will enable competition between users and data holders regarding the use, sharing, and extraction of value from data, and will benefit data-driven innovation through the generation of derivative or aggregated data. Therefore, it is necessary to examine how the enforcement of this Act will affect competition and innovation in data-related industries in the EU, to review the current use of data-related laws and standard contracts in Korea, and to prepare legislation for data transactions by leaving open the possibility of parallel and independent authorization of data co-generators.