A Study On EU Data Governance

With the booming development of big data analysis technology,Io T development and artificial intelligence application,the production and increment of data became a blowout development.Data itself is not competitive,but the use of the same information by different data users is highly likely to produce different benefits and product innovation.Therefore,data sharing can enable the same data to be used by different data processors to maximize the benefits and promote the innovative development and fair competition in the industry.Relying on data,the data economy has grown tremendously with the development of Internet-related technologies,and the huge potential contained in data has promoted the data trading market as well as the number of data suppliers and users.The demand for data intermediary platforms in the industry has been increasing,and the lack of corresponding laws and unclear regulations has led to a large number of illegal data transactions in practice,which has caused serious damage to data right-related subjects.In this paper,we will study the data intermediary service system under the framework of EU Data Governance Act,and systematically introduce and analyze the platform obligations and future development of data trading under the business model from four parts.The introduction of this paper consists of four parts: problem formulation,review of domestic and international literature,theoretical basis and practical significance,and main research methods.The proposed problem points out the legal regulation gap in the process of data sharing and data flow,which leads to a series of legal framework construction made by the European Union on the establishment of a single digital market,which has an important role in accelerating data flow in order to further promote the development of data economy and maximize data benefits.Chapter 1 introduces the legislative background of the Data Governance Act,clarifies the legal regulation and relevant provisions of the EU for different data types involved in the process of data flow,and clarifies the expected role of the Data Governance Act in the construction of a single digital market.On this basis,the categories of data flows are further clarified,and there are different categories based on different classifications,so as to clarify the types of data flows regulated by the Data Governance Act,the different data designed in the process of data flow,as well as the rights subjects and rights content of different data and to specify the necessity and significance of the legal regulation of data intermediaries,which is one of the method of data flow.Chapter 2 focus on the framework of data intermediary services constructed in Chapter 3 of the Data Governance Law,and examines the concept of legal subjects of users and service providers in data intermediary services framework.It introduces the notification obligations of intermediary service providers,the prerequisites for providing intermediary services and analyzes the underlying logic of the legal text.The independence and neutrality of intermediary service providers and the related reporting process will be specifically analyzed in this chapter.Chapter 3 analyzes the regulatory compliance of the intermediary service system constructed by the Data Governance Law and the data situations where it does not apply,examines the relevant institutional construction of the competent authorities and the specificity of data altruism,complements the argument for the content and regulatory integrity of this data service system framework from various aspects.Chapter 4 adopts a comparative analysis to analyze China’s legislative regulation and actual industry regulation on big data transactions,and analyze the development history of big data transactions in China and the reasons for today’s dilemma.The possibility and potential benefits of constructing a similar industry platform regulation in China will be analyzed in conjunction with the Data Governance Act.