Legal Requirements for Data Trustees

Abstract

The cooperative use of data in data ecosystems is central to realizing the potential of data-based
value creation. Data trustees, neutral intermediaries between data providers and users, are intended to
promote trust and legal clarity in accordance with the EU Data Governance Regulation. While the technical
aspects of such models have been professionally researched, the legal requirements from a business
perspective have largely been overlooked. This paper aims to shorten this research gap by examining (1)
requirements companies place on the legal design of data trustee models and (2) legal forms used in practice.
Based on twelve qualitative expert interviews 30 specific legal requirements were identified such as ensuring
the legal independence of the data trustee, ownership of data or information, and the decision-making
process. This paper contributes by conceptualizing legal requirements as a design dimension of data
ecosystem governance and providing a structured requirement framework derived from empirical evidence.