DATA SHARING IN IOT ECOSYSTEMS AND COMPETITION LAW: THE EXAMPLE OF CONNECTED CARS

2019 ◽  
Vol 15 (4) ◽  
pp. 381-426 ◽  
Author(s):  
Wolfgang Kerber

ABSTRACT This paper analyzes whether competition law can help to solve problems of access to data and interoperability in Internet of Things (IoT) ecosystems, where often one firm has exclusive control of the data produced by a smart device (and of the technical access to this device). Such a gatekeeper position can lead to the elimination of competition for aftermarket and other complementary services in such IoT ecosystems. This problem is analyzed both from an economic and a legal perspective and also generally for IoT ecosystems as well as for the much discussed problems of “access to in-vehicle data and resources” in connected cars, where the “extended vehicle” concept of the car manufacturers leads to such positions of exclusive control. The paper analyzes, in particular, the competition rules about abusive behavior of dominant firms (Art. 102 TFEU) and of firms with “relative market power” (§ 20 (1) GWB) in German competition law. These provisions might offer (if appropriately applied and amended) at least some solutions for these data access problems. Competition law, however, might not be sufficient for dealing with all or most of these problems, that is, that also additional solutions might be needed (data portability, direct data (access) rights, or sector-specific regulation).

2021 ◽  

Data are considered to be key for the functioning of the data economy as well as for pursuing multiple public interest concerns. Against this backdrop this book strives to device new data access rules for future legislation. To do so, the contributions first explain the justification for such rules from an economic and more general policy perspective. Then, building on the constitutional foundations and existing access regimes, they explore the potential of various fields of the law (competition and contract law, data protection and consumer law, sector-specific regulation) as a basis for the future legal framework. The book also addresses the need to coordinate data access rules with intellectual property rights and to integrate these rules as one of multiple measures in larger data governance systems. Finally, the book discusses the enforcement of the Government’s interest in using privately held data as well as potential data access rights of the users of connected devices.


2019 ◽  
Vol 6 (6) ◽  
pp. 697
Author(s):  
Nuniek Fahriani ◽  
Harunur Rosyid

<p><strong><span style="font-family: Times New Roman; font-size: small;">Abstrak</span></strong></p><p>Kriptografi (<em>cryptography</em>) merupakan proses keamanan data untuk menjaga pesan (file) agar tidak “diganggu” oleh pihak ketiga. kriptografi memiliki unsur proses, yaitu : enkripsi, dekripsi, dan kunci. Menjadi kebutuhan <em>user</em> untuk menghindari ‘pihak ketiga’ yang bisa merubah, mengambil ataupun menghilangkan data secara fisik atau menjalankan fungsi program yang mengganggu sistem. Tingkat keaslian data menjadi bagian penting didalam sistem keamanan data. Jenis data berupa file yang berpotensi “dirusak” secara illegal tidak hanya berextention .doc bisa saja jenis file yang berextention file video. Untuk menjalankan fungsi dari sistem keamanan data file video, legalitas akses akan data sangat penting untuk<em> secure</em> sehingga tidak berakibat kepada penyalahgunaan hak akses data. Teknik yang digunakan untuk menunjang enkrip dan dekrip file video adalah menerapkan algoritma blowfish didalam implementasinya. Algoritma ini memiliki sistem keamanan yang variabel. Hasil ujicoba menggunakan 6 contoh file extention yang melalui teknik enkrip dan dekrip adalah : file extention .asf, .wmv, .avi, .3pp, .flv, .vob. Dibangun berbasis desktop.</p><p> </p><p><strong><em><span style="font-family: Times New Roman; font-size: small;">Abstract</span></em></strong></p><p><em><span style="font-family: Times New Roman; font-size: small;">Cryptography (cryptography) is a data security process to keep messages (files) from being "disturbed" by third parties. Cryptography has three basic functions, namely: encryption, decryption, and key. Being a user need to avoid 'third parties' who can change, retrieve or delete data physically or run program functions that interfere with the system. The level of authenticity of the data becomes an important part in the data security system. This type of data in the form of files that have the potential to be "tampered" illegally not only with the .doc extension can be the file type with the video file extension. To perform the function of the video file data security system, the legality of access to data is very important to secure so that it does not result in misuse of data access rights. The technique used to support encryption and decryption of video files is to apply the blowfish algorithm in its implementation. This algorithm has a variable security system. The test results using 6 sample file extensions that go through the encryption and decryption process are: file extension .asf, .wmv, .avi, .3pp, .flv, .vob. Desktop based.</span></em></p><p> </p>


Author(s):  
Matthias Leistner

This chapter focuses on (1) keeping data exchange infrastructures freely accessible and (2) accommodating different existing or proposed access regimes with EU copyright law, in particular with sui generis protection of databases. Accordingly, the chapter mainly focuses on access issues rather than protection. Academic contributions with regard to the latter and also on necessary limitations to protection exist in abundance. By contrast, there is comparatively little literature on the different, recently proposed sector-specific access regimes and the consistent accommodation of such future access regimes with existing IP-protection. This even concerns sectors where overlap and possible contradictions are already imminent, such as the relation of EU sui generis protection for databases with the co-existing EU regime on access to public sector information. The chapter will focus on three aspects of the recent access discussion. First, free accessibility and availability of the infrastructural framework for data access, exchange, and trade in data will be discussed. Secondly, existing copyright protection of computer programs and compilations will be analysed to further identify specific access problems and hold-up potential. Thirdly, the chapter deals with EU sui generis protection for databases which, in this author’s view, is in need of imminent reform. This section also focuses on different areas and case groups, where access rights already exist or are discussed, and will categorize these access rights from an IP perspective as a sound basis for making specific reform proposals on the contextual accommodation of such future access rights with sui generis protection for databases.


1999 ◽  
Vol 33 (3) ◽  
pp. 55-66 ◽  
Author(s):  
L. Charles Sun

An interactive data access and retrieval system, developed at the U.S. National Oceanographic Data Genter (NODG) and available at <ext-link ext-link-type="uri" href="http://www.node.noaa.gov">http://www.node.noaa.gov</ext-link>, is presented in this paper. The purposes of this paper are: (1) to illustrate the procedures of quality control and loading oceanographic data into the NODG ocean databases and (2) to describe the development of a system to manage, visualize, and disseminate the NODG data holdings over the Internet. The objective of the system is to provide ease of access to data that will be required for data assimilation models. With advances in scientific understanding of the ocean dynamics, data assimilation models require the synthesis of data from a variety of resources. Modern intelligent data systems usually involve integrating distributed heterogeneous data and information sources. As the repository for oceanographic data, NOAA’s National Oceanographic Data Genter (NODG) is in a unique position to develop such a data system. In support of the data assimilation needs, NODG has developed a system to facilitate browsing of the oceanographic environmental data and information that is available on-line at NODG. Users may select oceanographic data based on geographic areas, time periods and measured parameters. Once the selection is complete, users may produce a station location plot, produce plots of the parameters or retrieve the data.


2020 ◽  
Vol 6 (1) ◽  
pp. 103-110
Author(s):  
Sidik Sidik ◽  
Ade Sudaryana ◽  
Rame Santoso

Computer networks have become an important point in companies that have many branch offices to coordinate the transfer of data. PT Indo Matra Lestari's connection uses a VPN system using the PPTP method. Data Center is used as a VPN server, the client is the Head Office and Citereup Branch Offices. Between the Head Office and the Citereup Branch Office there is no direct connection so access to data made between the Head Office and the Citereup Branch Office is slow, because the data must pass through the Data Center before reaching its destination. Moreover, the data accessed is private to the company and only accessed on the local network. The solution used to create a direct and secure network path between the Head Office and Branch Offices is to use the EoIP Tunnel on the proxy router. Tunneling method in EoIP can make network bridging between proxy devices, EoIP Tunnel will change to Virtual Interface on the proxy router so that it is as if the proxy router is connected locally. Tunnel ID on the EoIP Tunnel functions as a tunneling path security. The application of the EoIP Tunnel makes the point to point connection point between Mikrotik devices faster in data access because the data access is directed to the destination. In order for this EoIP Tunnel connection to run optimally and well, a network management is needed in managing internet bandwidth usage


2017 ◽  
Vol 10 (16) ◽  
pp. 205-226
Author(s):  
Hanna Stakheyeva ◽  
Ertugrul Canbolat

In 2016, the Turkish Competition Authority (hereinafter, TCA) published the Cement Sector Inquiry Report (hereinafter, Cement Sector Report) following more than two years of market analysis. One of the reasons for conducting such a market inquiry was the fact that the implementation of competition rules and accuracy of the economic analysis by the TCA in cement cases were frequently criticized. In order to provide some guidance and have better understanding about the competitive dynamics of the cement market, the TCA initiated the inquiry in 2014. Another reason for the inquiry was the importance of the cement industry for the construction sector and the economy of Turkey, as well as numerous competition law concerns in this sector. The article provides an analysis of the substantive and procedural issues in the TCA activity in the cement sector in Turkey. Particular emphasis is placed on the assessment of the Cement Sector Report and common competition law violations in the sector in Turkey based on a review of the decisions of the TCA. Additionally, legal grounds for conducting sector inquiries in Turkey, as well as limits to and potential impact on the TCA’s powers to issue extensive compulsory information requests (in the light of the recent CJEU’s judgements in cement cartel cases) are discussed. Overall, the article provides the reader with a better understanding of the Turkish cement sector dynamics and most common anticompetitive practices there. In conclusion, it is argued that inspite of having a reputation of a “problematic sector”, the behaviour of cement producers and developments in the cement market in Turkey may be justified by economic reasons and the oligopolistic nature of this market.


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