Cooperative di dati e principio di neutralità dei fornitori di servizi di intermediazione dei dati: questioni critiche

The introduction of the “services of data cooperatives” by Reg. EU 2022/868 (Data Governance Act, DGA) 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 the services of data cooperatives among “data intermediation services” and the “one-size-fits-all” approach pursued in regulating the latter by the DGA present 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.