The Proposed EU Digital Services Regulation 2020: Data Desiderata

Abstract

With the drafts of the Digital Markets Act (DMA), the Digital Services Act (DSA), and the Data Governance Act (DGA), the EU Commission has presented three cornerstones of its digital regulation approach in November and December of 2020. This Discussion Paper looks at data transactions and focuses on four aspects which illustrate that the proposed Acts leave much room for advancing the coherence and specificity of its respective rules: the specificity of data-related provisions; the role of FRAND in the package context; the role of data intermediaries; and the upcoming Data Act. Beyond diagnosis, the Discussion Paper calls for a more integrative approach and proposes improvements. It aims to spark a more intense discourse on data transactions under the Package.

Keywords: Digital Markets Act, Digital Services Act, Data Governance Act, Competition, Data Regulation, Data Act, FRAND, Data Trustees, Data Intermediaries