Souveräner Datenaustausch durch Datentreuhand

The lack of access to data has become a bottleneck in the digital transformation process. A
solution to this problem is to increase the exchange of data between market participants.
Empirical studies indicate, however, that data holders often hesitate to share their data due
to concerns about losing control. Data trustees may help to address this issue by supporting
data holders in the controlled exchange of their data. These specialized fiduciaries operate
as agents bound by the legal obligation to represent and protect the data holders' interests
throughout the data sharing process. The German and European legal frameworks governing
data trusts (§§ 662 et seq., 675 German Civil Code, Article 12 Data Governance Act) provide
substantial flexibility to structure the contractual relationship between the data holder and the data trustee. To effectively leverage this flexibility, consideration should be given to
the data holders' interest in control over their data. This interest can be expressed in legal
terms through the concept of data sovereignty. Data sovereignty refers to the data holder's
ability to exercise control by establishing processing rules and enforcing compliance with
them. A data trust arrangement should aim to maximize this ability, thereby safeguarding
data sovereignty and promoting data holders' willingness to share data.