Data, Big Data and State aid

The research aims at investigating if, how and to what extent the EU competition legal system (especially State aid) affects big data. After having clarified the crucial role that big data are called to play within the digital economy, the paper focus on the concept of big data. In this respect, it is pointed out as, on one hand, big data are able to generate added value in a variety of ways, with numerous positive examples, entailing significant opportunities for citizens. On the other hand, the advantages offered by big data come with many challenges, including the ownership misuse, and they entail significant risks, especially with regard to the protection of fundamental rights. In its main part, the paper analyses the legal nature of big data, as well as the data mobility regimes, before specifically analysing whether – and to what extent – competition law-related matters may affect big data (for instance, whether big data can be seen as an essential facility). Given the public relevance of big data, as widely pointed out in the study, some specific cases in which State aid issues may arise are identified. The complexity of the research lies on the fact that currently a clear legal framework within which big data are regulated does not exist, either at the EU level or at domestic levels. The need for an ad hoc regulation of big data is required given, inter alia, the importance that it plays for purposes of general interest and for the protection of goods having public relevance. The lack of a specific regulation is (improperly) covered by different administrative actors within initiatives (especially at domestic level, for instance, independent administrative authorities, administrative agencies) with different degrees of competences in the field of big data. The paper concludes putting forward some regulatory solutions within the EU legal system.