Interactions and Tensions between the ELI/ALI Data Principles and European Data Law

Concurrently with the ELI/ALI project crafting “Principles for a Data Economy”, the European Commission has launched a flurry of legislative initiatives designed to reshape the European data economy, including the Data Governance Act (DGA), Digital Markets Act (DMA), and Data Act (DA). The ELI/ALI data principles seek to navigate the evolving regulatory landscape by stating that private arrangements must respect existing and future public data regulation. However, the underlying idea that private and public data regulation can co-exist without interference and tensions is bound to run into difficulties as data escapes legal categories all too easily. My intervention will draw attention towards entanglements and spill-overs of European private-public data law. My hypothesis is that, ultimately, entirely legalistic approaches cannot ensure effective data regulation – more infrastructural approaches are needed instead.