Legal evaluation of monetizing automotive data

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Legal evaluation of monetizing automotive data

Köster, Oliver

Automated driving generates a huge amount of data that is not owned by anyone. Numerous companies from almost all industries can monetize the automated data. However, different regulations must be observed for the different types of data: depending on whether they are personal or non-personal, the GDPR applies or not. Within the scope of application of the GDPR, driver consent will usually be required. Data can be commercialized by increasing revenue, reducing costs and increasing security. Legally difficult to assess is the access to the data for third parties, which is necessary for the sale of the data. Solutions can be neutral or proprietary platform models, but the GDPR-compliant implementation remains a legal challenge because it is questionable if driver consent is really given voluntarily. The permanent data exchange between manufacturer and car has a cost-reducing effect and advertisers can save money by tailored and well-placed adverts. However, the monetization of automotive data brings new competitors onto the market, especially IT companies. In order not to be left behind technologically, manufacturers should form strategic (crossindustry) alliances with start-ups. Automotive data could also accelerate and simplify criminal and civil proceedings by facilitating the production of evidence, which would also allow the data to be used commercially. But to make automated driving possible worldwide, legislation must break new ground and internationalization of law is necessary for cross-border traffic.