Data-sharing as a quid pro quo of co-regulation in the EU

Abstract

The paper focuses on the defining of the co-regulation of national and supranational legal regimes’ features of data-sharing in the digital platforms’ functioning on the example of the EU’s practice with a special attention to the disintegration process of Brexit. Data-sharing is one of the most appropriate spheres to demonstrate specific traits of digital platforms — the cross-border character of their operation. This demands quid pro quo interaction of the national and supranational regulatory regimes, filling the gap associated with the lack of international regulation and the inability to harmonize law. We begin with the theoretical characterization of information and personal data, the right to privacy, and classifications of interventions in private life. The EU has been chosen as an example, acting as a flagship of interaction of national and supranational legal orders in relation to the co-regulation of cross-border data-sharing in digital platforms. Interaction of the EU on the principle of quid pro quo, based on the practice of making decisions on adequacy, is considered in the context of Brexit and the relevant law-making practice of the UK. The discussion is complemented by examples of similar EU relations with South Korea and the United States. Based on the analysis, the authors conclude that the EU supranational legal order has a high degree of influence on the national legislation of third countries, which contributes to the constant development of regulation in the sphere and the strengthening of international integration.