logo-eui RSCAS
FSR
  • Home
  • Communications & Media

Communications & Media


Communications & Media

26.04.2019

Open Banking: competitor emergenti, opportunità di business, nuove modalità di relazione con il Cliente

FSR Communications and Media Director, Pier Luigi Parcu will speak on May 3 at the State of the Union side event: Open Banking: competitor emergenti, opportunità […] read more

Communications & MediaSeminar

16.04.2019

NEW VIDEOS: Interview with Daniel Rubinfeld, Scientific Seminar Keynote Speaker

The keynote speech given at this year’s Scientific Seminar on Media and the Digital Economy was given by Professor Daniel Rubinfeld, Professor of Law, NYU School […] read more

Communications & Media

Atik, C. “Data Ownership and Data Portability in the Digital Agriculture Sector: A Proposal to Address Novel Challenges”

The paper “Data Ownership and Data Portability in the Digital Agriculture Sector: A Proposal to Address Novel Challenges” (Atik, C.) will be presented at the 8th Conference […] read more

Communications & Media

Parcu, P.L. “New digital threats to media pluralism in the information age”

The paper “New digital threats to media pluralism in the information age” (Parcu, P.L.) will be presented at the 8th Conference on the Regulation of Infrastructures (20-21 […] read more

Communications & Media

Wahyuningtyas, S. Y.”Governing Algorithm for Fair Competition in the Digital Market in Indonesia”

The paper “Governing Algorithm for Fair Competition in the Digital Market in Indonesia” (Wahyuningtyas, S. Y) will be presented at the 8th Conference on the Regulation […] read more

Book PublishedCommunications & Media

20.02.2019

New Book: New Business and Regulatory Strategies in the Postal Sector

A new book, New Business and Regulatory Strategies in the Postal Sector, edited by Pier Luigi Parcu, Timothy Brennan, and Victor Glass has just been published by Springer International. The volume presents original essays by prominent researchers in the field, selected and edited from papers presented at the 26th Conference on Postal and Delivery Economics held in Split, Croatia, from May 30- June 2, 2018. read more

Communications & MediaInternational Conferences

22.10.2018

Registrations to the 27th Postal and Delivery Economics Conference are open!

The 27th Postal and Delivery Economics Conference will offer the opportunity to academics, representatives from companies, regulatory authorities, public institutions, sector-specific associations and consultancies active in the postal and delivery sectors to further discuss the dramatic changes of the ecosystem and perspectives for the future. read more

Communications & Media

Gori, P., Parcu, P.L. “Postal operators as “ground based” online platforms?”

The paper “Postal operators as “ground based” online platforms?” (Gori, P., Parcu, P.L.) will be presented at the 7th Conference on the Regulation of Infrastructures (21-22June, […] read more

Communications & Media

Wahyuningtyas, S. Y. “The Decentralization Via Self-Regulation of Online Platform and Competition Policy Challenges: A Study on Go-Jek in Indonesia”

The paper “The Decentralization Via Self-Regulation of Online Platform and Competition Policy Challenges: A Study on Go-Jek in Indonesia” (Wahyuningtyas, S. Y. ) will be […] read more

Page 1 of 71234567

Atik, C. “Data Ownership and Data Portability in the Digital Agriculture Sector: A Proposal to Address Novel Challenges”

- Communications & Media

The paper “Data Ownership and Data Portability in the Digital Agriculture Sector: A Proposal to Address Novel Challenges” (Atik, C.) will be presented at the 8th Conference on the Regulation of Infrastructures (20-21 June, 2019).

ABSTRACT

The ‘datafication’ of the economy has brought about various opportunities as well as new challenges, and naturally created echoes in different fields of law such as privacy, consumer protection, taxation, and competition law. Especially in the last field, there has been a comprehensive debate about the possible anticompetitive effects of ‘Big Data’ by predominantly focusing on online platforms including search engines, e-commerce platforms and social networks.

On the other hand, Big Data also has significant effects on other industries. For example, although there might be a perception that agriculture is a solely rural activity which is far from technology, modern agriculture is densely data-driven today with the advent of Smart Farming practices. This technological transformation created the Digital Agriculture sector in which companies provide data-driven agronomic solutions for farmers. However, the new sector emerged with some genuine challenges. One of the prominent data related legal discussions in the sector is about ownership of data, i.e. whether data belongs to farmers or Agricultural Technology Providers (ATPs). It is argued that data -collected from fields or barns- might not belong to farmers in some particular instances, especially after ATPs process the data. Moreover, the applicability of the General Data Protection Regulation (GDPR) to this nascent sector is also contradictive as the main proportion of data in the sector is sensor/machine generated non-personal data. This legal ambiguity brings about significant concerns for farmers because they might not transfer their data to another service provider, and this lock-in situation might result in significant dependency of farmers on the existing ATPs.

Although suggestions to address these challenges have mainly focused on the idea of giving the data ownership right to farmers so far, this paper argues that giving the ownership right to farmers is far from solution by reminding that ownership is a transferable right, and this could even exacerbate the farmers’ weaker position vis-a-vis ATPs: once a farmer (as the owner of the data) signed the (sometimes highly one-sided and unbalanced) service agreement of an ATP (which has sale of data provisions for instance), ownership of data would even be transferred completely to the ATP. This might increase the dependency of farmers on ATPs by legitimising ATPs’ data-ownership arguments. In this regard, the solution should be more complex than just giving the right of ownership to farmers. In light of this context, this study focuses on the legal concepts of ‘data ownership’ and ‘data portability’ in order to propose some principles for a possible regulatory attempt to mitigate current and possible sector-specific challenges by also taking into account the need of enhancing data-driven innovation in the emerging Digital Agriculture sector.

ABOUT THE AUTHOR

Can Atik is a PhD Candidate at Tilburg Law School with affiliation to the Tilburg Law and Economics Center (TILEC) in the Netherlands. He holds a Master’s degree (LLM) in International Trade and Commercial Law (Merit) from Durham University in the UK, and a bachelor degree from Ankara University Law School in Turkey. Atik is also a registered lawyer at Union of Turkish Bars. His main areas of expertise are the effects of Big Data and IoT revolution on EU competition law and privacy law. He is also interested in M&A, alternative commercial dispute resolution and corporate law.