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Legal issues of digitalisation in Europe

  • Text
  • European
  • Digital
  • Liability
  • Digitalisation
  • Ownership
  • Businesseurope
  • Noerr
Europe needs better rules for the digital revolution of the economy. Businesses want a standardised, EU-wide legal framework and room for contractual solutions when dealing with data. This emerges from a cross-European survey carried out by Noerr LLP and BusinessEurope, the European umbrella association of national industrial and employers' associations. Business leaders from companies in 20 different countries were interviewed.

How important are the

How important are the following legal issues to your company/business model? Now and in 5 years. Now In 5 years Cloud 3.32% 3.86% + 0.54 Data ownership 3.52% 4.03% + 0.51 n=120–125 scale 1–5: not at all, slightly, moderately, very, extremely Liability Access to data 3.57% 3.70% 3.94% 4.07% + 0.37 + 0.37 Although issues like the cloud, data ownership, liability and access to data are the topics that business leaders are confronted with, less than a third of the surveyed companies significantly involve their legal department in the strategic planning of digitalisation. While 64% of the study participants involve their legal department in the strategic planning to some degree (moderately, very and extremely involved), 14 % of respondents even say that the legal involvement in strategic planning is obsolete. 14% 10% Extremely Is your legal department involved in the strategic planning of digitalisation? 22% 19% Very Moderately Slightly 35% Not at all n=125 10 BUSINESSEUROPE Legal issues of digitalisation in Europe 2017

LEGAL ISSUES AND OBSTACLES Where companies see a need for action With its communication on the European Data Economy, the European Commission addresses big data issues as an important part of the Digital Single Market. The use of non-personal data poses a great business opportunity to the EU’s economy. For European businesses to grow, “data needs to be continuously accessible and able to move freely within the single market” 3 . Data Ownership & Access Currently, a legal concept of data ownership for non-personal data does not exist. The general practice is to establish agreements on the rights on data as this is an area where change happens continuously and rapidly and private agreement provides the necessary flexibility. Three out of four of the surveyed companies currently identify data ownership as a factor in realising their business model. Having ownership of data is even expected to become a very important legal and strategic element to every company by 2022. As 96% of study participants already make use of (big) data on a regular basis, big data has assumed a permanent place in companies. In detail, big data usage focuses on the following areas: 79% use existing data for strategic business decisions (Data Analytics). 78% use data for the improvement of products and services. 64% use data to improve marketing and sales. 48% use data for predictive maintenance. 83% n=99 How do you generate and aggregate the data? 54% 22% Own platforms Combined platforms Consortiums 3 European Commission: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions: «On the Mid-Term Review on the implementation of the Digital Single Market Strategy». 10.05.2017, p.9. Legal issues of digitalisation in Europe 2017 11 BUSINESSEUROPE

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