Future-Proof Data Law: Fundamental Rights Protection – Innovation – Competition
Status Quo – European and International Context
The central question in the age of digital transformation is not whether – personal and non-personal – data are (or should be) processed, but rather how this data can be used responsibly, securely, and for the benefit of individuals and society. Data protection provides the normative foundation for this and must increasingly be understood and interpreted with an eye toward the opportunities and possibilities of responsible data use. In this sense, a legal framework is needed that promotes innovation and competitiveness while balancing and protecting the fundamental rights at stake – which, alongside data protection, include freedoms of action and of science, among others.
With – most notably – the GDPR, the Data Governance Act, the Data Act, the Digital Markets Act, the Digital Services Act, and the AI Act, the EU has created a regulatory framework for digital transformation that is as comprehensive as it is prone to friction. Current discussions and further legislative initiatives at the European level highlight a considerable need for action and reform, as well as the resulting potential for the "EU Digital Acquis." Europe faces the strategic challenge of reconciling fundamental rights protection, capacity for innovation, and global competitiveness – and this must take place in an environment of intense international systemic and locational competition, above all with the United States and China.
Objectives and Thematic Priorities of the Working Group
The TUM Think Tank working group has set itself the goal of strategically advancing EU data law and contributing to a coherent, future-proof, and internationally compatible framework. The focus is on developing a legal framework for data law that effectively protects fundamental rights, is designed to be innovation-friendly, and strengthens European competitiveness and digital sovereignty. This gives rise to the following thematic priorities of the working group:
- Coherence and interactions within EU data law
- Risk-based regulation and proportionality as guiding principles
- Enforcement, governance, and institutional design at EU and national level
- Data access, data use, and competition in data markets
- Data and technology sovereignty within the European legal and security framework
- Comparative perspectives and global compatibility (with a particular focus on Asia, the Global South, and the USA)
Transfer Potential for Policy, Business, and Society
The TUM Think Tank working group sees itself as a strategic interface between academia, policy, and practice. In this capacity, the working group supports and advises political decision-makers, businesses, and institutions on the (further) development of EU data law in a global context, covering topics including:
- Evidence-based policy advice and strategic orientation
- Early identification of reform needs and conflicting objectives
- Development of practice-oriented policy papers and regulatory guidelines
- Structuring and prioritization of reform debates (regulatory mapping, agenda-setting, repository)
- Internationally visible positioning of Europe as a shaper of the global data order
Organisation and Partnerships
The interdisciplinary and internationally oriented working group is based at the TUM Think Tank. Work is carried out on a project basis and in exchange with European and non-European partners. Activities are intended to be supported through third-party funding, institutional support, and strategic partnerships.
