Digital Transformation: Orgalim Position Paper Towards a Common European Data Space for Smart Manufacturing

Published: 4 February 2020

Policies & Issues: Digital Transformation

Orgalim shares the European Commission’s objective to focus on a new EU data strategy. We believe that such a strategy should support the further strengthening of a Common European Data Space for smart manufacturing. This will require an ecosystem that enables data sharing and fosters data access in a safe and secure environment. To achieve such a vision, we call on policymakers to take into account the following foundational elements of a framework: 

- Contracts in B2B are crucial and freedom of contract needs to be a foundational aspect of any European Data Space. Orgalim is, for example, working on drafting examples of contractual clauses that can be used by companies, including SMEs. This will facilitate data sharing, whereas mandatory opening-up of private sector data could hinder innovation and investment. 

- In a B2B context, liability issues related to data can be addressed by contracts that are freely negotiated by the two parties. Therefore, we ask policymakers to refrain from any specific legislation on data liability, respecting the companies’ freedom of contract. 

- Companies need legal certainty and a trusted market environment to share, transfer and access data to enable them to innovate in new data-driven business models. To that end, trade secrets and intellectual property rights of companies need to be protected. 

With this position paper, we want to shape the drafting of such an EU data strategy by outlining: 1) some of the crucial benefits of industrial data for Europe’s industry; 2) the role of data platforms; 3) a range of policy recommendations. To read our recommendations in full, please download the document above. 

Authors

Luykx
Christoph Luykx
Policy Director
Selandari
Silvia Selandari
Senior Adviser - Trade and Legal

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