CONCEPTUALIZATION OF THE TERM «VALUE EXTRACTION FROM DATA» IN EU LAW

Abstract

Problem setting. The article explores scientific approaches to the concept of «value extraction from data» with a particular focus on data commercialization within the framework of modern regulation in European Union law. The issue is driven by the rapid digitalization of the economy, which has transformed data into a key resource and a source of competitive advantage. It is established that the lack of a formalized understanding of data commercialization creates methodological and regulatory challenges, while the current legal framework in EU law remains fragmented. Analysis of recent researches and publications. M. Lasisi, O. Akinlabi, and E. Okojevoh examined information as a key asset of the modern economy, analyzing digital markets and information asymmetry. J. R. Saura studied the application of data science and digital marketing. L. Abrardi, C. Cambini, and F. Pino proposed improvements to data sales mechanisms in EU law, particularly through auctions. F. Decarolis and M. Li investigated the monetization of data in online search services. Purpose of research is to formalize the understanding of the concept of value extraction from data and to develop a typology of such value. Article’s main body. The study provides a theoretical analysis, an examination of modern business models, and a review of legal acts in this field. Key regulatory documents, including the Data Act, Directive 96/9/EC, GDPR, Regulation (EU) 2018/1807, DSA, and DMA are analyzed. The research investigates how these acts create the conditions for the formation of an internal data market, ensure data portability rights, and establish contractual mechanisms for commercial data transactions. Conclusions and prospects for development. The author formulates definitions for the concepts of «data value extraction» and «data commercialization» as its subset. A classification of data commercialization is proposed, based on the degree of mediation and the time horizon of value extraction, which includes direct, indirect, and strategic forms. The study highlights the specific characteristics of data, including its inexhaustibility, connection with subject rights, and the dependence of its economic value on the level of access exclusivity. Additionally, a typology of commercialization is identified, categorized into advertising, analytical, optimization, research, infrastructure, and transactional commercialization.