“WHO OWNS DATA? A COMMERCIAL LAW VIEW ON THE NEW DIGITAL ECONOMY”

Abstract

This article examines the pivotal question of data ownership within the context of the new digital economy from a commercial law perspective. It discusses the evolution of data as an asset and its treatment in legal frameworks, the complexity and ambiguity surrounding the concept of ownership versus control, and the impact of data commodification on private and public interests. Key issues addressed include contractual controls, the role of intellectual property laws, personal data regulation, the need for new legal constructs, and the cross-border challenges of data localization and transfer. By dissecting the blurred boundaries in both theory and practice and considering the global regulatory landscape, the article aims to clarify the current legal position, highlight unresolved problems, and propose pathways for more coherent legal approaches to data ownership in the rapidly changing digital marketplace