What “data” really are in the digital market. Some reflections on their relevance and value under EU law

This article focuses on the growing importance of data in the digital ecosystem, which is leading the digital market to evolve from a data-driven market to a “data market”. Such an evolution requires an analysis of what data really are and of the effectiveness of the European Union's actions in this field. In this sense, and taking into account the closer interplay between competition law, data protection law and consumer protection law that has been achieved in the digital market, this paper will take into account recent legislation, practice and jurisprudence on data in order to reflect on their relevance and value. The aim is also to see whether the European Union is responding appropriately to this situation, with an approach that balances market and fundamental freedoms to encourage the development of digital markets while effectively protecting users.