Data Access Rules, Copyright and Technological Protection Measures in the EU

In the era of digitization, datafication and computational uses of works, new EU legislative initiatives on data regulation, while aiming in principle at granting access to data, increasingly recognise and reinforce private control over data through Technological Protection Measures (TPMs). After the introduction of the Text and Data Mining (TDM) regime by the Copyright in the Digital Single Market Directive (CDSM Directive), the new rules on access to IoT data laid down in the EU Data Act constitute the second most significant example of such an emerging trend. This contribution focuses on the impact of the protection of TPMs, under both EU copyright law and the Data Act, on the effectiveness of the data access regimes. The analyses shows how the shift toward propertisation of information is taking place without balanced consideration of all the interests involved. Finally the article offers suggestions for more effective data access rules fostering data-driven innovation.