Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

Abstract

AbstractThis paper leverages the resource regime concept to systematically analyze the shape of data governance established by European Union (EU) digital policy. It highlights what gives shape and coherence to this data governance across different policies and how this governance structures relations between actors in the data economy. The analysis shows a common thrust in the EU's digital policies since its 2010 Digital Agenda. Overall, EU data governance is market‐creating not only through rules that directly aim at strengthening market integration and limiting anti‐competitive behavior but also through regulation that works to protect and promote EU‐based industries and to bolster their competitiveness in a global economy. EU digital policies complement each other in establishing more favorable conditions for EU businesses in relation to non‐EU competitors, and this market‐creating neo‐mercantilist orientation is rooted even in data and consumer protection policies that also have a market‐correcting dimension.