Project Papers

ABSTRACT. – Data cooperatives have recently been regulated as data intermediation services provider under the Data Governance Act (EU Reg. 868/2022), in a forward-looking approach by the European legislator. The aim is to introduce new dynamics in the data market in favour of European companies, new business models characterised by digital mutualism and solidariety, and new data protection techniques, with the empowerment of the data subjects thanks to the mediation of intermediaries in which, in the cooperative scheme, the data subject participates as a member. This is a highly innovative but incomplete legal framework, that requires careful analysis, at a legal level, in order to frame and resolve the multiple issues that the matter presents and that we intend to address with this work.

• [Project Version, in Italian]

ABSTRACT. – This paper analyzes the need to pursue choices geared toward sustaining European data spaces, including personal data, in order to support the competitiveness of European companies before the proprietary logics that characterize non-European markets, in particular by addressing the issue of data cooperatives. This corporate model, which has found for the first time express recognition as an intermediary service in Regulation (EU) 2022/868, could represent an alternative tool to the markedly capitalistic one, which prevails today, through which to give back centrality to citizens, and contribute to making society and the digital economy more supportive and democratic.

• [Project Version]

ABSTRACT - Data Governance Act, Regulation (EU) 2022/868, seeks to increase trust in data sharing, strengthen mechanisms to increase data availability and overcome technical obstacles to the reuse of data. To reach these objectives an important role is played by so called “data intermediaries”: they will function as neutral third parties that connect individuals and companies with data users. One of these intermediaries are “data cooperatives”. The Regulation does not define and regulate them. These brief reflections attempt to offer a first reconstructive proposal for the drafting of a data cooperative statute.

ABSTRACT. – The purpose of the paper is to explore how the discipline related to data cooperatives, introduced by the Data Governance Act (DGA), can contribute to the development of a new paradigm of data use in the gig economy context. The approach traditionally pursued by Labor Law has been to limit the collection and use of work-related data. This approach stems from the recognition that the accumulation of information available to the business organization produces a plurality of negative consequences for the weaker party to the labor relationship: the ability to gather and process data allows the employer to exercise more pervasive and precise control over the worker and to become aware of subjective conditions that can be used to enact discriminatory practices. The DGA can stimulate a modern approach to both personal and non-personal data collected in the workplace context. The data cooperatives can contribute to a radical shift in perspective. The challenge lies in not viewing data only as information likely to harm workers, but as an asset that can be enhanced in the interest of workers. Taking up the inputs offered by the DGA, the paper aims to reflect on the opportunities and challenges of data cooperatives, with a specific focus on the gig economy context. The first section outlines the main national and european provisions relevant to the processing of platform workers’ data. The objective is to demonstrate how the aim of these regulations is to limit the circulation of data and, at the same time, to promote transparency. In the second section, a brief overview of data cooperatives is undertaken, raising some interpretative issues for gig economy data cooperatives. It is then examined how data cooperatives can contribute to the development of the platform cooperativism, a broader movement aimed at building a democratic economic model based on the sharing of ownership and profits generated through digital platforms, as an alternative to platform capitalism.

The paper analyzes the data subject’s rights in a context that has widely changed since the Regulation (EU) 2016/679, that it was focused on the personal data protection. Now the European Data Strategy aims to make the EU a leader in a data-driven society. It will create a single market for data where data can flow within the EU and across sectors, for the benefit of all. This objective requires the strengthening of the data subject’s rights, providing tools and skills to maximize control of personal data. Within this framework, the purpose of this paper is to analyze the measures, recognized by the Data Governance Act and by the Data Act, that are needed to guarantee this very relevant goal.

ABSTRACT. – Data cooperatives have recently been introduced and regulated within the Data Governance Act (DGA, EU Reg. 868/2022), as providers of data intermediation services “intended to establish commercial relationships for the purposes of sharing of data between an indeterminate number of data subjects and data controllers, on the one hand, and data users, on the other, through technical, legal or other means (…)” (Art. 2, No. 11, DGA). This is a discipline that is as innovative as it is incomplete. The work aims, on a legal level, at a systematic framework of the case in light of the multiple regulatory areas concerned and involved. In particular, we intend to refer to the Third Sector (Third Sector Code), the protection of personal data (General Data Protection Regulation or GDPR) and the new rules for online intermediaries (DSA). The data cooperative, in fact, presents itself as threefold: it is an entity that pursues solidarity purposes, it processes personal data and, finally, it is an intermediary for data services.

ABSTRACT. – By placing data cooperatives within the European model of the social market economy, this contribution aims to appreciate the benefits of applying the mutual model to the data market. To this end, the aim was to highlight the capacity of the organisational structure in question to operate in accordance with the dictates of solidarity, democracy and sustainability as pillars of the emerging neo-mutualism, with this in order to emphasize the invaluable advantages that the citizens of the Union can derive in entrusting their data to this organizational form

ABSTRACT. – The proliferation of Artificial Intelligence (AI) technologies has catalysed significant advancements across various sectors, driven by the remarkable learning capabilities of AI systems. However, the reliance on extensive datasets, often sourced from human interactions without explicit consent, has raised profound ethical and legal concerns regarding data privacy and ownership. In response, this paper explores the potential of data cooperatives as a mechanism to address these challenges and foster ethical AI development. Data cooperatives, collaborative organisations governed by principles of transparency and collective ownership, empower individuals to control the usage of their data in AI training. Through mechanisms such as consent management and transparent governance structures, data cooperatives enable individuals to assert their rights over their personal data, while promoting privacy protection and legal compliance. The paper also examines real-world examples of data cooperatives, such as MiData and Driver’s Seat, to illustrate their practical implications and benefits. Furthermore, the paper discusses potential challenges and considerations associated with utilising data cooperatives and offers recommendations for future research and collaboration. By shedding light on the transformative potential of data cooperatives, this paper contributes to the ongoing discourse on ethical data practices and governance in the digital age, paving the way for responsible AI development and safeguarding individuals' data rights.

ABSTRACT. – New information technologies are changing the traditional way of seeing things and in some ways also the world as we know it. Artificial Intelligence (AI) could lead humans to overcome their cognitive and biological limits. Thus wrote the philosopher Sebastiano Maffettone in the preface of the book from Coops to Co-Apps, which set the objective of critically analyzing the relationship be-tween us as users and the digital platforms to create "a new virtuous and equal relationship" in the cyberspace. This question is also at the basis of this paper, which aims to analyze the risks but also the remedies, facing the tumultuous development of AI technologies. To make them not only more reliable but also more fair, preserve them from the exclusive purpose of profit and reduce the harm for the users/citizens. To achieve this objective, it is proposed to diver-sify the concept of Artificial Intelligence, expanding it to a new cat-egory defined as "Social Artificial Intelligence". The creation (feeding) of these Social AI will have to take place through a new cooperative entity (or service): the "data cooperatives", which are finally available to European citizens, thanks to the Data Governance Act. The second chapter compares the current AI model based on the expropriation of user data by digital capitalist companies with social artificial intelligence. Social AI is a technology for the use and analysis of digital data that responds primarily to the needs of citizens/users, whose ownership is democratic, enhancing the human factor. We could define it as a sort of digital public good, as op-posed to the dominant use of AI managed by capitalist companies whose ultimate goal is profit and "control". The rest of the chapter presents the numerous risks of the AI, as it is developed today, be-fore moving on to depict the remedies. In the third chapter is analyzed the possibility of sharing digital data in a cooperative form to build real "trust networks" capable of competing with the "expropriatory" logic of private platforms. Is also analyzed the case of "data cooperatives" and the "digital mutualism", understood as an alternative to the risks of the capitalistic model. These are also elements of a renewal of cooperative principles accepting the changes introduced by digital technologies, and using them for a "cooperative rebirth" in the construction of public digital goods and between them the Social Artificial Intelligence . Finally, an analysis is dedicated in the fourth chapter on how to build an Alliance between the forces of the "Social Economy" to be able to create Social AI in Italy. Some sectors are analyzed in which to concretely experiment with this possibility and also what are the economic and technological resources available to create a favorable and safe environment for the use of Artificial Intelligence guided no longer only by individual profit but also by common well-being.

ABSTRACT. – Why is it that geographic data, despite being common-place, produced in a large amount every day, and in fact, also being easily accessible, still do not have many data collectives targeting them? In this short paper, we argue that geographic data, both from a technical and a legal perspective, are not afforded the protection they could be granted. With most satellites and GIS systems being confined in too few hands and the GDPR not including geolocational data among its list of sensitive personal data, it is increasingly difficult to sustain data collectives that target geolocational or geospatial data. We look at some of the data collectives that have been set up in the preceding years to cater to spatial data, and we show that the failure of these data collectives is a collective failure, as the required technologies to pro-duce spatial data are owned by states and big techs and states, and that, paired with the lack of legal protection afforded to spatial data makes it exceedingly difficult to build a data collective or a data Trust that can secure independent data ownership of geographic data for users.

ABSTRACT. – The digital transition has introduced new environments in our everyday life, creating complex hybrid realities where digital and physical realms blend. Platforms, initially seen as participatory spaces promoting free information exchange, have become intermediaries in personal data collection and interpretation defining a capitalistic system where users are crucial actors as both producers and consumers of data, i.e. prosumers (Ritzer, 2018). To understand the current hybrid society thus requires observing the values embedded in platform infrastructures, their users' engagement paths and mechanisms of data collection that constitute their primary economic asset. The resulting processes of platformization (Van Dijck, 2018), prosumers' exploitation and ever-seen walled gardens allow to critically envision the effect of platform capitalism on society and its implications for social actors. To this extent, the present contribution is aimed at providing an overview on the complex scenario of platforms ruling the digital ecosystem, exploring its key actors as well as the opportunity of a decentralized infrastructure able to ensure an open, ethical and user-centric digital environment that benefits from a cooperative approach (Scholz, 2016). Eventually, the case study of an electronic identity service in the Netherlands and the Data Cooperative solution within the public sphere as alternative paths towards a fairer web are discussed.

ABSTRACT. – During the last decade, the European legislator intervened many times in order to stimulate a data management system that would allow at the same time the protection of individuals and the exploitation of the enormous potential deriving from the correct processing of data. In this regard, the most ambitious piece of EU legislation at the moment is certainly Regulation (EU) 2022/868, known as the Data Governance Act, due to the innovative "European" data governance model it tries to enact. This paper will focus on the analysis of one of the issues that could prove to be fundamental in the context of this new system, that is, the data intermediary, because it gives the occasion to evaluate where European data law is going. By focusing on a particular category of intermediary, data cooperatives, we will at-tempt to understand whether the time is ripe for a new approach to data protection.

ABSTRACT. – The purpose of this paper is to analyze the legal nature of the act of “provisioning” personal data in the context of data intermediation services and, in particular, data cooperatives, as governed by Regulation (EU) 2022/868, offering a unified reading of the regime of exploitation, in this matter, of personal and non-personal data.

ABSTRACT. - The evolution of digital technologies has generated an increasing amount of data and greater complexity in their management and use, as well as new ways of generating value for organizations that hold and come into possession of them. Data cooperatives, by promoting resource sharing, can offer an innovative approach to managing and enhancing data among the various entities participating in the project. This article aims to focus on the identification and evaluation of data as the main asset and the profitability derived from their management. Through a literature review and analysis of a case study, the paper highlights the methodologies and tools for data evaluation.

ABSTRACT. – One of the most important measures proposed by the Data Governance Regulation is to establish rules allowing the development of favourable conditions for the exchange of data; creating an European data market. For this reason, this regulatory framework has ruled as main idea the figure of "data intermediates", who can be consulted by the parties about the exchange of data; one of whose alternatives is "data cooperative". The combined application of these cooperatives and the Big Data in the administration and management of data, has strongly influenced the development of the companies' business strategies.

ABSTRACT. – This paper aims at identifying the compatibility profiles between the preexisting cooperative companies and the data cooperative. This article commences by analysing the regulatory perimeter within which the data broker activity is ruled and then identifies the peculiar traits of data cooperatives by acknowledging their vulnerabilities and statuatory contradictions (namely about data cooperative’s legal form and structure).

ABSTRACT. – The paper, analyzing the new scenario outlined by the European Data Strategy, which aims to reshape the balance among the players of the digital market, focuses on data cooperative services as regulated in the Data Governance Act (EU Reg. 868/2022). In this direction, some of the most problematic aspects this new model of data valorization, based on digital neomutualism and solidarity principle are explored. Specifically, on the one hand, the role of consent in the circulation of data within data cooperatives is analysed and, on the other hand, the possibility of using the subjective form of business networks for the provision of data cooperative services is investigated.

ABSTRACT. – The study aims to represent how the EU's legal regulation of the ongoing digital transformation can constitute an opportunity for growth for SMEs, the strengthening of which can contribute to the development of the digital single market. Taking the assumption from the "European Data Strategy", the work focuses attention on the advantages, in terms of better access to data and the ability to develop new services based on them, which can derive for SMEs from participation in data cooperatives. data, a new collective entity which, due to the mutualistic spirit that characterizes it, can profoundly innovate the data market.

ABSTRACT. – This paper aims to deepen the taxonomic framework of data cooperatives in the context of commercial law. Specifically, it is intended to verify whether a data cooperative may be considered at the same time as a “certified innovative start-up incubator” pursuant to the applicable Italian legislation, taking into account the specific scenario of the support provided not to natural persons with regard to the processing of their personal data, but to innovative start-up companies in relation to data sets outside the scope of applicability of the GDPR.

ABSTRACT. – Although European legislators have been largely inactive on the matter, collective protection for data subjects would be crucial in today's data-driven society. This is particularly true for consent, a legal basis that is widely used but not able to ensure the informational self-determination of individuals. Data cooperatives could therefore be a collective body to make up for this lack. The paper analyses the use case of health research, where the model could be largely diffused, especially in consideration of legislation that currently still focuses on consent. Furthermore, not even the very recent amendments to the Privacy Code and the future, desirable approval of the regulation on the European Health Data Space would make this role less important.

ABSTRACT. – The paper presents an analysis of Data Governance Act, as recently outlined by the European legislator in the Data Governance Act (EU Reg. 868/2022), with a particular focus on the applications of new technologies in the various areas of health care. It also points out the need for an anthropocentric governance and an ethical approach of new technologies applied to medical science. In this framework, the paper highlights the role played by data cooperatives with a particular regard to Salus.Coop.

ABSTRACT. – This paper analyses the EU-derived legislation that has introduced a new type of company into our legal system: the data cooperative. In particular, the study of a subtype of it, the health data cooperative, is deepened through the study of some already existing international cooperatives. The compatibility of the health data cooperative with our national legal system is then assessed, also in the light of the most recent doctrine and jurisprudence.

ABSTRACT. – The paper aims to explore the role of data cooperatives within the European health data space that is being shaped by the proposed 'European Health Data Space' regulation (EHDS). It is intended to highlight the complex coordination between the various recent European legislation that will have to be carried out. For the topic of this article, the implementation of the system for the circulation and sharing of health data, leaving aside the cybersecurity pro-file, sees the coordination between the General Data Protection Regulation, the Data Governance Act, the Data Act and the national rules.

ABSTRACT. – The essay scrutinizes the opportunity of circulating data concerning health, for the purpose of clinical research, through the creation of a data cooperative. Just to better understand the phenomenon, some existing practical cases of data cooperatives active in the field of health are reviewed, lastly, the data protection legislation and the limits it places on the Data Governance act in the processing of data concerning health are examined.

ABSTRACT. – In clinical pharmacological research, data is a fundamental richness; it generally expresses an health condition and the effects of a medicinal treatment on a pathology. Clearly, that data refers to a natural person, but its elaboration is such that it loses its original nature and becomes a scientific data, or rather a “research data”. However, it is essential that the individual to whom that data element initially relates can be informed and, above all, not to be in the position of having to accept merely because the provision of the data is a condition for accessing to a clinical trial. Data intermediation services and services of data cooperatives fit precisely and primarily into this context, in which patients could find forms of mutualistic aggregation, even to be able to negotiate conditions or modalities of such conferral, this also in the perspective of a secondary use of the data itself. Associationism, as a phenomenon of particular interest to patients, could find in cooperatives a new participatory mode, finding convenience and greater protection against big data. Networks of researchers or research institutions, as defined by the Regulations (EU) No 536/2014 and Ethics Committees, could also find in cooperation a legitimate and qualified negotiating counterpart with which to interact.

ABSTRACT. – The present contribution focuses on data cooperatives, aiming to highlight their potential within the theoretical and practical framework of shared administration. To this end, the contribution is divided into three parts. The first part reconstructs the legal regime of data cooperatives as inferred from the DGA. In the second part, an attempt is made to assess the extent to which data cooperatives can be relevant in their relationship with public administration, with particular reference to the shared administration model. Finally, in the third part, the potential of data cooperatives regarding shared administration practices is highlighted, also concluding with the persistent areas of criticism stemming from the uncertain legal regime of data cooperatives.

ABSTRACT. – The paper emphasises the centrality of AI and data cooperatives in Italian public administration in the imperative need to facilitate a process of digitalisation and traceability of data, as the result of a transformation oriented at greater verifiability and contestability of the administration’s decisions. The observations move in line with numerous European and national initiatives aimed at framing a range of mutations that aim to orient the whole system of administrative automation to implement data cooperatives and digital platforms to ensure the timeliness, security and efficiency of (and in) the processes and services of public administrations. In particular, we see the centrality of data. From this point of view, the use of sophisticated database implies an inevitable balancing act between public interests and the individual’s in terms of guarantees of transparency of algorithms, accountability, privacy, security and intellectual property.

ABSTRACT. – This paper analyzes the possible interactions between services of data cooperatives, as recently outlined by the European legislator in the Data Governance Act, and urban digital twins created and implemented by public authorities. The analysis, starting from the legal framework, explores the concrete applications that have already emerged in practice, in order to examine the cooperative model as an in-progress tool, aimed at collective well-being through public action.

ABSTRACT. – The "extractive" model used so far in the insurance sec-tor has guaranteed the accumulation of significant quantities of digital information in the hands of very few subjects who, by exploiting this competitive advantage, have created real monopo-lies aimed at only increasing the wealth and profitability of large companies. Like an inverted pyramid, however, we could move on to a data development and management model oriented to-wards protecting the dignity and freedom of data subjects, which would have as its final result a primary advantage for the data subject himself, then for the insurance company and finally for society as a whole.

ABSTRACT. – New technologies, and in particular big data, are at the heart of the «Digital revolution 4.0», which has profoundly innovated not only the world of science and technology but also the banking, insurance and financial sector. Regarding the banking sector, the impact of new technologies has been considered «revolutionary» for its multiple uses as the one for the assessment of the creditworthiness of a customer that allows to obtain, thanks to the immense pool of data analyzed, a more accurate and capillary assessment than the traditional one. The traditional assessment of creditworthiness, in fact, suffers from the difficulty of finding and accessing the information contained in the hard data. The innovative evaluation carried out through big data is capillary thanks to the huge amount of data collected and analyzed. However, the data in question derive mostly from the use of social networks and the internet, which contain the infor-mation released by a single user on the web, of a different nature and origin. The data transmitted by the user during the use of social networks, such as Facebook, Twitter and Instagram, are also subject to analysis. These data represent the new «black gold», as it is able to provide information on the propensities and preferences of each individual user, useful not only to modulate the offer of a product but also to predict the behaviors of the same in the world of the market or the finance. Although credit assessment obtained by big data and social data could ap-pear more accurate than the traditional one, conducted with «hard» data, especially when relating to the credit history of a customer who lives in developing countries or in countries characterized by a low income, there are some critical profiles regarding the effectiveness of the results and the accuracy of the credit reference and the risk of a damage caused to the customer who will be granted a credit that will not be able to repay or be refused in a discriminatory way a credit to which it would have been entitled. There are also other critical profiles according to the risk of obtaining a distorted credit reference, from which an erroneous creditworthiness would result, and the existence of distortive and discriminatory effects. On the merits, some foreign cases have ascertained this risk as the Kevin Johnson case against American Express and the case of the Non-Discrimination Ombudsman at the Finnish Non-Discrimination and Equality Tribunal. In recognition of this, data cooperatives could become useful tools, in the credit assessment process, for the collection of customer data for the benefit of customers and banks, especially cooperatives banks which are closer to the ter-ritory and have smaller assets than those of large banking companies. These banks could provide access to a wider range of data from financial sources and not finance, while avoiding the use of big data from social networks. Thus, banks could make a more accurate assessment of credit risk, reducing the risk of consumer over-indebtedness and business failure, and improving the overall quality of the credit portfolio. In addition, they could help identify predictive signals that can affect a customer’s ability to refund, such as changes in spending patterns, abnormal financial behavior, or changes in demographic data, by anticipating and taking measures to mitigate credit risk. Ultimately, data cooperatives could help cooperative banks in the process of assessing the creditworthiness of their customers without recourse to external services; At the same time, they could lead to greater customer protection by ensuring that social data is not used to determine the amount of funding to be granted. This is an unexplored path - but equally worthy of research and study - as there are no similar experiences in the banking sector, nor, in more general terms, in other sectors in the national context, unlike what has happened, until now, overseas.

ABSTRACT. – The paper analyses the applications of services of data cooperatives, as recently outlined by the European legislator in the Data Governance Act (EU Reg. 868/2022), in the context of ride-hailing services. In a context in which the mobility sector is undergoing important evolutions, thanks to the use of data and artificial intelligence systems, the cooperative model stands out as a valid tool for the valorization of data, with a view to economic growth and social welfare.

ABSTRACT. – This paper explores the relevance and potential of data cooperatives, as provided for by Regulation EU 2022/868 (the so-called Data Governance Act). Specifically, it formulates two main case studies where data cooperatives, as data intermediaries, could play a pivotal role in empowering data subjects and enhancing their collective self-determination. The first analysis is devoted to the case of health data, the second one to the right of data portability. Overall, this article aims to suggest data cooperatives as a playground for realizing a new “digital mutualism”, promoting a more democratic and participatory model of data governance.

ABSTRACT. – The present contribution, in addition to providing brief insights into the European regulation on data cooperatives, aims to offer some practical guidelines, particularly focusing on the characteristics that such collective entities should possess and the possible areas of intervention, also for the benefit of their members.

ABSTRACT. – Everything is new in the discussion about data cooperatives. We already know about data, cooperatives, models, markets, rules, but everything has to be reinvented or adapted and we have to put together all the pieces of the puzzle. The proposed approach, and its method, starts from the easiest perspective, the technical one. But it considers that the technical perspective is only one side of the coin and that on the other side there is the business perspective that has to be considered. The third perspective is to spend this coin on some real data market and to realize a data cooperative in order to understand the whole picture even before the puzzle completion.

ABSTRACT. - The growing awareness of the importance of data as a primary resource has led to increased attention on how it is managed, processed, and shared. Within the realm of data cooperatives, there is a need to create an ecosystem where data can be shared collaboratively and securely, while also respecting data privacy and security. In this context, we propose the development of a Data Platform that acts as a catalyst for collaboration among companies and organizations. The mutualistic model adopted ensures fair exchange of data, allowing companies to contribute raw data to a shared repository and access anonymized data in return. This approach fosters the construction of a cohesive community based on trust and reciprocity. The Data Platform aims to achieve several key objectives: 1. Data Harmonization: Integrating and standardizing data from various sources to create a cohesive and homogeneous environment; 2. Data Anonymization: Applying advanced techniques to ensure privacy protection and regulatory compliance; 3. Data Exposure: Making data accessible to the contributors, allowing them to access anonymized data and use it for analysis and solution development; 4. Benchmark Creation and Data Marketplace: Providing tools for benchmark creation and implementation of a Data Marketplace, facilitating data exchange and sale through public or licensed catalogs. To ensure data security and privacy, the Data Platform adopts a robust and secure architecture. Data is encrypted and anonymized to protect it from unauthorized access and ensure compliance with privacy by design and privacy by default principles. Additionally, access control and monitoring measures are implemented to detect and prevent security breaches. At the technological level, the Data Platform leverages innovative concepts such as Data Federation and Virtual Data Lake. Data Federation enables integration and access to distributed data transparently, while the Virtual Data Lake provides a virtual environment for data analysis and exploration without the need for physical data transfer. In conclusion, our proposal aims to promote collaboration and responsible data sharing within data cooperatives and technological solutions. The Data Platform represents a step forward in creating a secure, transparent, and collaborative data ecosystem that fosters innovation and sustainable development.

ABSTRACT. – The introduction of the “services of data cooperatives” by the Data Governance Act aims to enhance control by data subjects, one-person undertakings and SMEs over data that relates to them, while addressing the distortions of competition currently present in the internal market. Data cooperatives may lead to a more inclusive and equitable society, ensuring the respect of European values, fundamental rights and rules. However, the inclusion of data cooperatives among “data intermediation services” and the “one-size-fits-all” approach pursued in regulating the latter by the DGA presents significant critical issues. In particular, the application to data cooperatives of the DGA requirements relating to the “neutrality” of data intermediaries with regard to the data exchanged set out in Art. 12(a) DGA risks severely limiting the ability of data cooperatives to achieve their objectives and thus preventing the beneficial effects expected from them. This paper therefore aims to investigate the functions pursued by the provisions on neutrality established by the DGA in order to deepen their application in the specific case of data cooperatives and offer first suggestions that may contribute to tackle the aforementioned issues, so as to ensure an application of these provisions consistent with the goals of the EU data strategy.

ABSTRACT. – The paper, within the category of the conditions for the provision of data intermediation services that have recently been introduced by the Data Governance Act (EU Reg. 868/2022), analyses the condition under art. 12, lett. b) DGA. This condition, relating to the (im)possibility of subordinating the provision of a data intermediation service to the provision of further services, is, at first, compared with the tying arrangements and, subsequently, analyzed in its critical aspects.

ABSTRACT. – The article examines the condition for the provision of data intermediation services referred to in art. 12, letter c), Reg. 2022/868 so-called DGA related to the use of data and metadata generated by natural and legal persons who use the data intermediation service, placing it in the reality of the data cooperative. The paper proposes a preliminary reconstruction of the notion of metadata, their main functions and uses, focusing on the most relevant ones for data intermediation services, then it argues the legislation reference frame, paying close attention to traffic and location data in the field of electronic communication services, highlighting critical issues and application problems. In the end, starting from the examination of a recent provision of the Italian Data Protection Authority relating to the storage of metadata of employees' emails, it highlights the various application criticalities within the scope of data intermediation are highlighted, on the basis of an exemplification of data cooperative.

ABSTRACT. – The purpose of this paper is to comment on the condition for the provision of intermediary services under Section 12(1)(d) of the Data Governance Act, and in particular, the following issues will be analyzed: the different parties involved by the legislation and the activities they are deputized to perform, the exchange aid and the conversion into specific formats by the cooperative of data belonging to the data subject or the data owner for the benefit of the user, and finally, whether the legislation under comment constitutes a kind of continuity of the right to data portability.

ABSTRACT. – This paper analyses the condition for the provision of data intermediation services dictated by art. 12, lett. g) of the Data Governance Act, highlighting its critical aspects, in comparison with European consumer law, with particular reference to the Unfair Commercial Practices Directive and the Unfair Terms Directive.

ABSTRACT. – The purpose of this paper is to comment on the condition for the provision of brokering services in Section 12(1)(i) of the Data Governance Act, and in particular, the following issues will be analyzed: the meaning attributable to the phrase “appropriate measures” to be taken by the data cooperative to ensure interoperability; how to manage interoperability with other data brokering services; and finally, how to identify commonly used open standards useful for taking security measures.

ABSTRACT. - Article 12 of the Data Governance Regulation (EU) 2022/868 (DGA) sets out conditions that providers of data intermediation services must comply with. This contribution examines some issues relating to the security obligations set out in Article 12, points (g), (j), (l) DGA.

ABSTRACT – This paper analyses the condition for the provision of data intermediation services dictated by art. 12, lett. l) of the Data Governance Act, highlighting its critical aspects, in comparison with European data protection law, with particular reference to articles 24 and 32 GDPR.

ABSTRACT. – This paper aims to analyze one of the conditions to which the provision of data intermediation services is subject under the Data Governance Act. Specifically, the analysis pertains to the provisions contained in Art. 12(m) of the DGA, of particular interest with regard to the implications for the protection of personal data especially in the prism of data cooperatives, which represent, due to their specific vocation, a sure safeguard for a firm exercise of the rights of the data subject and therefore the privileged legal form for compliance with said condition.