Die wettbewerblichen Auswirkungen des exklusiven Zugangs zu Mobilitatsdaten von Fahrzeugherstellern auf mobilitatsdatenbasierte loT-Markte - Eine okonomisch-rechtliche Analyse unter besonderer Berucksichtigung von datenschutz- und kartellrechtlichen Vorschriften

This thesis investigates how exclusive access to mobility data from vehicle manufacturers affects mobility data-based IoT markets. Raw and analytical data from the field of Internet of Things hold significant economic potential. They are the raw material for knowledge discovery, innovation and new digital business models. The technical design of most vehicle manufacturers provides for mobility data to be initially stored on a manufacturer's own server. The vehicle manufacturer predominantly exclusively preserves direct access to the data generated in the vehicle. Vehicle users and third parties may only have access to the data if the vehicle manufacturer agrees. To the extent vehicle manufacturers offer data access under the "NEVADA-Share & Secure" or "ADAXO" concepts, data access is criticised by market participants as restricting competition. Hence, legal regulation for data access is required.

The current state of research on the competitive conditions on mobility data-based IoT markets and on the rights relevant for data access shows that the raised question in this thesis has not been conclusively answered neither at national nor at international level. For a more holistic view, there is a need to combine economic and legal considerations. Mobility data-based business models and the data access offers of vehicle manufacturers are constantly evolving, as are the technical possibilities for data access and transfer. This requires continued investigation and evaluation. With the entry into force of the General Data Protection Regulation (GDPR) and new antitrust data access claims, the question continues to arise to what extent data rights can affect access to mobility data and thus competitive conditions in data-based markets.

The theoretical part of this thesis deals with the economic and legal dimensions of exclusive data access held by vehicle manufacturers based on existing literature. The theoretical findings are then evaluated through own empirical research and a more up-to-date status of the situation is presented. Within the framework of a qualitative approach, by means of expert interviews with representatives of various interest groups (independent workshops, motor vehicle insurance companies, inspection bodies for general inspections, data trading platforms, consumer protection, public authorities, vehicle manufacturers) knowledge and experience were collected and evaluated. Information gaps on current data access conditions and their role for competition in mobility data-based IoT markets were closed. Finally, by combining all theoretical and empirical findings, the focus is on a further analysis and evaluation of the competitive implications as well as on the practical feasibility of suitable and appropriate legal regulatory approaches for such data access.