Da­ta econ­o­my

• Position paper: "Data as a factor in competition and value creation in the network sectors"
• Further information

Data are both a vital resource and fuel for the digital transformation. The increasing spread of digital technologies and new types of information and communication technology have led to an incredibly fast growth in the amount of data and information available over the last few years, especially through intelligent machines, sensors, social media and many other sources. The internationally operating market research and consultancy company IDC estimates that the amount of data worldwide will grow from about 64 zettabytes in 2020 to 175 zettabytes in 2025. (See The Digitization of the World From Edge to Core)

From an economic point of view, the use of data holds enormous potential. The Federation of German Industry (BDI) estimates a value added potential of the data economy for Germany alone of up to €425bn by 2025, whilst a value added potential of up to €1.25bn is forecast for the whole of Europe. (See Die digitale Transformation der Industrie (in German)

Data constitute a major factor in competition and value creation as well as being a driving force for innovation in the digital economy. Data can help, for example, in making better informed business decisions, in optimising processes or in developing completely new business models. At the same time, a major challenge for all stakeholders is how to handle the data. This certainly applies to companies, especially SMEs, which need to keep the necessary technical and organisational knowledge available to benefit from the value added potential offered by the data economy. Yet it also applies to the political realm, which is charged with designing a regulatory framework that is suited to the data economy.

The federal government's Data Strategy (in German) provides the basis for designing a regulatory framework. The aim of the strategy, especially in Germany and Europe, is to significantly increase innovative and responsible data availability and data use in industry, science and research, civil society and public administration. Another aim is to ensure that all market participants have fair access to the data, that any data monopoly is prevented and that any misuse of data is addressed consistently. In early 2020, the European Commission, too, laid the foundation for a European data strategy, with the intention of facilitating the exchange and use of data and encouraging the development of a single European market for data, in order to make the European Union a leader in a data-driven society. The EU data strategy measures have four strategic priorities:

• Pillar 1: creation of a cross-sectoral governance framework for data access and data use (see also Data governance: why is the EU data sharing law important?).
• Pillar 2: encouraging investments in data and data infrastructures.
• Pillar 3: strengthening the individual's control of their data, promoting investment in digital competencies, especially in SMEs (see also Data Act).
• Pillar 4: creation of common, sector-specific European data spaces in various strategic sectors and domains of public interest, for example in the fields of industry, mobility, the Green Deal and health.

The Bundesnetzagentur is looking closely at various aspects of the dynamic and comprehensive field of data economy. Building on the position paper on the significance of data in the network sectors published by the Bundesnetzagentur in October 2018 and on the discussion launched as part of a dialogue with experts in January 2019, the Bundesnetzagentur is closely monitoring the field of data economy and relevant initiatives at both a national and European level. Its activities are not directed solely at the proactive shaping of the regulatory framework, but also at research into the topics bound up with the data economy.

Hence a study was commissioned and published in 2022 that researched the strategic importance of cloud services for the digital sovereignty of SMEs. The research examined various questions including which legal uncertainties exist for European SMEs regarding data storage and usage and the associated risks when making use of cloud services, and what significance the term digital sovereignty or data sovereignty has for SMEs. The findings of the study can be found at The strategic importance of cloud services for the digital sovereignty of SMEs (in German).

Large amounts of data also arise in the context of connected vehicles. Against the background of the negotiations leading to the European Data Act and the discussion regarding possible additional sector-specific data access regulations, the Bundesnetzagentur commissioned a study, which was completed in 2023, on the necessity and focus of specific data access regulations in the connected vehicles sector in the automotive industry. The aim of the study was to analyse whether specific vehicle data access regulations (including access regulations on vehicle functions and resources) that went beyond the draft Data Act were considered necessary for more innovation and competition in the automotive industry and, if they were, whether these could be sensibly designed. The study first gives an overview of data generation in connected vehicles and the associated services and business models. Moreover, an assessment was made of the previous sector-specific rules, concepts and projects on the exchange of data in the automotive industry in Germany. The results of this study are presented in detail here: Study on the necessity and focus of specific data access regulations in the area of connected vehicles in the automotive industry (in German) . Further publications on individual topics in the field of data economy will follow.

Position paper: "Data as a factor in competition and value creation in the network sectors"

In June 2017 the Bundesnetzagentur published a position paper on the digital transformation in the network sectors. At the heart of this digital transformation lie the diverse possibilities offered by data collection, storage, evaluation and transmission. Access to relevant data as well as the capability to analyse data will become key competition and value added factors in the course of the digital structural changes.

Subsequently, in a paper published in October 2018, the Bundesnetzagentur systematically examined the expected competitive effects and value-adding potential of data as a factor of production in the network-based sectors. It analysed the extent to which a need for sector‑specific action was already apparent and, in light of this, the possible options for general regulatory action relating to data as a factor in competition and value creation.

Data as a factor in competition and value creation in the network sectors (in German)

The position paper on data in the network sectors has been published together with a press release.

Further information

Executive summary – "Data as a factor in competition and value creation in the network sectors"