Proprietatea asupra datelor digitale: realităţi, nelinişti şi posibile soluţii
Digital data ownership: realities, anxieties, and possible solutions

Summary/Abstract: Data ownership is an issue hotly debated in the legal literature but, as far as we know, not recognized in legislation, at least not expressly. The sustained activity of the European legislator in the regulation of the (global) digital market has not made this clear, although, indirectly, the rights of the data “producer” and of the data “holder” overlap almost perfectly with those of the owner in the continental legal system. In order to establish whether there really is a right of ownership over data, of whatever nature it may be, first, the meaning of the notion of “data” is clarified. Then the conditions that the data must meet in order to be the object of the property right are checked. The taboo subject of the identity of the data owner is addressed through the lens of European rules, reviewing the possible ways to determine the value of data. Data as commons or data in the general interest is briefly discussed at the end as a possible solution to the doctrinal and legislative anxiety over data ownership.

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