Thomas Nix

Law, University of Regensburg

Big Data in Enforcement – Legal Challenges of a Digitalized Economy and Procedural Access to Data


The aim of the PhD project is to answer the question of how a holder of a monetary claim against a debtor, whose core business is data trading & who thus, possibly exclusively, owns data as an asset, can induce the debtor to settle his debt by enforcing execution on the same or have his claim settled by forcibly exploiting it. Further research questions in this context are: What is the value of data & how can it be measured? Who “owns” data? Can data be legally considered part of real property or other property? How can data be legally exploited & transferred? What are the due diligence obligations of the enforcement bodies? Who bears the risk of liability & exploitation?