ALI-ELI Principles for a Data Economy – Meeting with Advisors and MCC


On 22 June the Project Chairs, Lord John Thomas and Steve O’Weise and Project Reporters, Christiane Wendehorst and Neil Cohen met remotely with the members of the ELI Advisory Committee and the Members Consultative Committee (MCC) to discuss the further development of the ALI-ELI Principles for a Data Economy.

After the Council of the American Law Institute (ALI) had approved parts of the Principles in January, the draft containing these Principles (Tentative Draft No 1) would have been due for discussion at the ALI Annual Meeting in May in San Francisco. Unfortunately, the Covid-19 pandemic led to the cancellation of that Annual Meeting, which is why the Principles will be presented to the ALI Members at the ALI Annual Conference in 2021.

Tentative Draft No 1 has now also been discussed with the ELI Advisory Committee and the MCC. The main focus of the meeting was, however, on the Principles still to be drafted by the Reporters, such as the Principles on data pooling, data processing arrangements, data trusts, data marketplaces or data rights beyond rights in co-generated data. These questions led to a lively discussion among the more than twenty participants. The valuable guidance received at the meeting will prove to be immensely helpful to the Reporters when continuing their work on Preliminary Draft No 4.

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