DOI: 10.38023/f17f1598-a9ca-47ef-be7d-e79e2afae036

Clustering commercial obstacles in the European Data Legislation

Maximilian Gartner

Dino Girardi

Monica Palmirani

Citation: Maximilian Gartner / Dino Girardi / Monica Palmirani, Clustering commercial obstacles in the European Data Legislation, in: Jusletter IT 30 March 2023

As businesses fall under increasing amount of digital legislation, compliance becomes more complex. This article compiles the main administrative hurdles businesses are required to comply with under the European data legislation (General Data Protection Regulation, Data Governance Act, Digital Service Act and the Draft Data Act), and identifies four clusters of requirements that are imposed on businesses throughout these legal instruments: information provision requirements, infrastructure and capacity requirements, market power-balancing requirements, and governance requirements. Drawing from this novel perspective, the paper outlines an aggregation of commercial obstacles that derive from the administrative overhead imposed by such requirements.

Table of contents

1. Introduction
2. Overview over the European Data Legislation
3. Legal Denominations of Businesses in the Data Economy
4. Regulation Clusters in the European Data Law
- 4.1. Information Provision Requirements
- 4.2. Market Power Balancing Requirements
- 4.3. Governance Requirements
- 4.4. Infrastructure and Capacity Requirements
5. Regulation as Commercial Obstacle
6. Conclusion
Acknowledgement