Data: The new oil. Does anyone own this asset? If no, does the digital economy call for the creation of a right to data? Reed Smith IP partner Anette Gärtner co-authored an in-depth analysis titled “Let’s Talk about Data Ownership,” published in the current issue of the European Intellectual Property Review.

The analysis focuses on the status quo according to German and English law. Against the background of the European Commission’s consultation “Building a European Data Economy” the authors ask whether the economic case for the creation of a new right to data has already been made. The article also explains why the GDPR and the introduction of the data portability right add a further layer of complexity.