At the core of all potential industrial use case scenarios of platforms are data. When formerly isolated data are shared, suddenly a new set of factors arises, both in terms of new external factors, but also in terms of business/microeconomic implications. Therefore, at the core of every digital platform must be a legally, organizationally and commercially viable concept for data sharing/trading/exchange.
When shaping this model, the following questions must be answered:
- What is the legal arrangement for data “ownership”? Can users classify their data, is staggered approach possible (closed, traded or open data)? What are legal means that the platform uses to ensure the confidentiality of data ? (Trade Secrets, data base directive)
- Transparency: Can users monitor/control the sharing of data with third parties? Are there “expiration dates” for data use?
- Is the legal setting a fixed standards (“general conditions”) or is it a flexible, individual approach? Are model contracts available?
- Are there sectorial regulatory requirements concerning data?
- How far is portability and change of platform possible?
- Who is responsible in the case of breaches of confidentiality?
- How is fairness/ a level playing field between the platform and smaller players ensured ?