The notion of fairness in the Data Governance Act and the Data Act
Discipline
Computer and information sciences
Subject
data law
data spaces
market fairness
FRAND
Data Act
Data Governance Act
Audience
Scientific
Date
2025-11-20Publisher
Edward Elgar Publishing
Metadata
Show full item recordDescription
This chapter analyses and distinguishes the dimensions of fairness underlying the EU's Data Act and Data Governance Act. The chapter revisits how those Acts came to be adopted and identifies the key references to fairness they contain. It is argued that the concepts of fairness relied on are inherently related to outcomes contributing to a fair market. As a result, fairness references here fundamentally differ from fairness as anchored in EU data protection law. Due to its vague and undefined nature, it is submitted that fairness cannot and does not serve as a specific legal principle, nor can it be connected to a common conceptual framing of such a nature as to support the existence of an ‘EU data law’, at least in the framework of both instruments analysed in this chapter.
Citation
Drechsler, L., & Ducuing, C. (2025). "4: The notion of fairness in the Data Governance Act and the Data Act". In The Standards of Fairness in Digital Law. Cheltenham, UK: Edward Elgar Publishing. https://doi.org/10.4337/9781035338689.00011
Type
Book chapter
Published version
Peer-Review
Yes
Language
eng

