Cited by 155Digitalization, Law, and RegulationDiverse Legal and Medical StudiesDigital Platforms and Economics

Data sharing and interoperability: Fostering innovation and competition through APIs

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Borgogno, Oscar, Colangelo, Giuseppe·2019·Computer Law & Security Review

Abstract

Application Programming Interfaces (APIs) have been identified by the European Commission as a key enabler of interoperability among private and public undertakings. Further, a systematic adoption of open and standardized APIs by firms and developers appears crucial to unlock competition and ultimately promote the flourishing of Artificial Intelligence (AI) and Internet of Things (IoT) innovation. Analysing the main European regulatory initiatives which have so far surfaced in the realm of data governance (right to personal data portability, free flow of non-personal data, access to customer account data rule, re-use of government data), it seems that the EU legislator is not tackling the matter consistently. Indeed, on one side, all these initiatives share a strong reliance on APIs as a key facilitator to ensure a sound and effective data sharing ecosystem. However, on the other side, all these attempts are inherently different in terms of rationale, scope and implementation. The article stresses that data sharing via APIs requires a complex implementation process and sound standardization initiatives are essential for its success. Moreover, data pooling agreements need to be targeted in advance by competition law so to incentivize their adoption and leverage their pro-competitive potential. As for pricing and compensation issues, we point out that placing excessive reliance on fair, reasonable and non-discriminatory (FRAND) terms might be counterproductive.

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  1. [12]12. Max Planck Institute for Innovation & Competition Research Paper No. 16-13. <https://ssrn. 119 European Commission, 'Setting out the EU approach to Standard Essential Patents', (Communication) COM(2017) 712 final. 120 For an in-depth analysis on the issue, see, inter alia, J.L. Contreras, T.F. Cotter, S.J. Jong, B.J. Love, N. Petit, P. Picht, 'The effect of FRAND commitments on patent remedies' forthcoming in B. Biddle, J.L. Contreras, B.J. Love, and N.V. Siebrasse (eds) Patent remedies and complex products: toward a global consensus (Cambridge University Press), <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3248726> accessed 17 September 2018. 121 High Court [2017] EWHC 711 (

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Authors
Borgogno, O., & Colangelo, G.
Affiliations
  • Tilburg University (NL)
  • University of Basilicata (IT)
Corresponding author
Colangelo, Giuseppe
Venue
Computer Law & Security Review
Publisher
Elsevier BV
Published
2019-10
Volume
35
Issue
5
Pages
105314
ISSN
2212-473X (ISSN-L)
OpenAlex
W2931887671
Cited by
155
References
10
Citations by year
2026: 12 · 2025: 44 · 2024: 30 · 2023: 23 · 2022: 14 · 2021: 15 · 2020: 11 · 2019: 3 · 2018: 3
FWCI
94.03
Type
journal article
Language
en
Open access
Locations
  • Computer law & security review (publishedVersion, other-oa)
  • SSRN Electronic Journal (acceptedVersion)
  • Institutional Research Information System University of Turin (University of Turin) (submittedVersion, cc-by-nc-nd)
  • CINECA IRIS Institutional Research Information System (University of Basilicata) (submittedVersion)
Funders
European Commission
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Social Sciences › Business, Management and Accounting › Strategy and Management › Diverse Legal and Medical Studies
  • Social Sciences › Business, Management and Accounting › Strategy and Management › Digital Platforms and Economics
Keywords
application programming interfaces, interoperability, data sharing, data governance, competition law, standardization, artificial intelligence, Internet of Things

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