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Dualistic Data Property Right: Solution for Controllership of Data in the European Union? Cover

Dualistic Data Property Right: Solution for Controllership of Data in the European Union?

Open Access
|Mar 2022

Abstract

Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected. Unless, the economic value of personal data is addressed in legal systems of Member states, the interests of people are not fully covered. The article aims to fill the vacuum by introducing new property right to data, the dualistic data property rights. The dualistic data property right is conceptually inspired by Copyright. The article proposes the character and content of the right that is in line with existing legal system and GDPR as well. The authors embark on analyses of all aspect of the dualistic property right and its benefits for the digital economy.

DOI: https://doi.org/10.2478/iclr-2021-0013 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 43 - 67
Published on: Mar 29, 2022
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Petra Žárská, Matúš Mesarčík, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.