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|Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Digital Single Market Strategy for Europe +||''"(C)ontracts often exclude, or severely limit, the contractual liability of the cloud provider if the data is no longer available or is unusable, or they make it difficult to terminate the contract. This means that the data is effectively not portable"'' (p. 14). +|
|Digital Consumers and The Law. Towards a Cohesive European Framework +||Art. 12 of the Data Protection Directive is about the right to access, which includes the right to obtain from the controller ''“communication to him in an intelligible form of the data undergoing processing and of any available information as to their source”''. +, ''Privacy as currency'' (HELBERGER p. 162). The processing of personal data is today not only a method to facilitate the core business model, but it is becoming the core of the business model. This collection may be done explicitly through registration forms, tacitly through sharing personal information on social network, or secretly via cookies. Cookie: it is placed on an Internet user's computer and enables that computer to be recognized during subsequent visits; they may be functional when cookies when used for a service explicitly requested by an Internet user; they are tracking cookies when used to minutely register the Internet behavior of Internet users (HELBERGER, p. 160). +|
|How Smart, Connected Products Are Transforming Competition +||Who owns the data? ''"As a company chooses which data to gather and analyze, it must determine how to secure rights to the data and manage data access. The key is who actually owns the data. The manufacturer may own the product, but product usage data potentially belongs to the customer. (...) There is a range of options for establishing data rights for smart, connected products. Companies may pursue outright ownership of product data, or seek joint ownership. There are also various levels of usage rights, including NDAs (non-disclosure agreements, ed.'s note), the right to share the data, or the right to sell it. Firms must determine their approach to transparency in data collection and use. Rights to data can be laid out in an explicit agreement or buried in small print or hard-to-understand boilerplate documents. Although we are seeing the early stages of a movement toward more transparency in data gathering across industries, data disclosure and ownership standards often have yet to be established. Another option for handling data rights and access includes the establishment of a data-sharing framework with component suppliers for providing information about the component’s condition and performance but not about its location. Limiting suppliers’ access to data, however, could reduce potential benefits if the supplier lacks a full understanding of how products are being used, slowing innovation. Customers and users want a say in these choices. Some customers today are much more willing than others to share data on their product use.'' +, ''But not every customer wants to share this data. Likewise, cautious drivers may be willing to share data on their driving habits with insurance or rental car companies as a way to lower premiums or fees, but others may resist. Firms will need to provide a clear value proposition to customers to encourage them to share usage or other data. As consumers become more aware of the value that data generates across the value chain, they will become more active and demanding participants in decisions about what data is collected, how it is used, and who benefits. Today it’s common to see “click through” agreements giving broad consent to collect product data the first time a smart, connected product is used. This consent allows companies to indiscriminately collect product data and use it with few constraints. In time we expect that more-stringent contractual frameworks and mechanisms governing those rights will emerge to define and protect intellectual property associated with smart, connected product data. It behooves companies to get ahead of this trend, especially on the product data they truly need to collect in order to drive value.'' +|