Skip to content
Open access

Advancing data agency: A conceptual framework to support data sovereignty

Sep 2026 · Data & Policy · Vol 8 · 0 citations · 99 references

TL;DR

The intention is to advance a term that moves beyond the limits of data sovereignty to explain how governance over data-driven systems is distributed and contested, and suggests pragmatic pathways for more effective governance.

Abstract

Abstract The term data sovereignty—the principle that data is subject to the laws and governance of the country where it is collected or stored—faces implementation challenges. The legal deadlock over how to regulate transatlantic (E.U.–U.S.) data transfers reveal the difficulties of asserting “sovereignty” over data, a resource that flows transnationally through digital technologies. Among global regulatory efforts, the European Union’s struggle to ensure the supremacy of its data protection and privacy laws represents an interesting case from which to derive new theoretical and conceptual insights. This paper advances data agency—as agency mediated by data, not over it. The intention is to advance a term that moves beyond the limits of data sovereignty to explain how governance over data-driven systems is distributed and contested. The manuscript suggests pragmatic pathways for more effective governance as mere “control” over data is not enough to achieve meaningful insights derived from data technologies.

Read PDF

Similar papers

Open access Sep 2026

Bringing Data Autonomy and Digital Sovereignty to the European Health Data Space

The European Health Data Space (EHDS), established by Regulation (EU) 2025/327, represents the EU’s most ambitious attempt to enable secondary use of health data across Member States while safeguarding individual rights. Yet the EHDS is fundamentally a data access framework: it enables institutional intermediaries to g...

A. Zwitter · 0 citations
Open access Aug 2026

On the Concept of Documedial Cooperativism

The contemporary data economy is characterized by unprecedented opportunities for value creation alongside significant inequalities in the distribution of that value. Existing data governance frameworks, largely founded on the understanding of data as information and centred on privacy protection, have proven inadequat...

Paul Lawrence, M. Ferraris · 0 citations
Open access Aug 2026

Constitutionalizing Digital Sovereignty: State Control Over Data Infrastructure and Its Implications for Fundamental Rights

The digital transformation of global society has fundamentally reshaped the intersection between state authority, technological infrastructure, and individual rights. Historically conceptualized through physical land borders and territorial jurisdiction, state sovereignty is increasingly projected into cyberspace as go...

Andi Syadi Pratama Putra, Abriantinus, Yovan Iristian · 0 citations
Review Open access Sep 2026

Data Sovereignty and Cross-Border Data Flows: An International Commercial Law Perspective

Assertive claims of data sovereignty—mandatory localization, extraterritorial processing rules, and security-driven exclusion of foreign access—now sit in direct tension with the data flows on which cross-border commerce depends. The dominant scholarly treatment of this tension proceeds through the lens of fundamental...

Wei-Dong Zhang · 0 citations
Open access Sep 2026

Regulating a Floating Signifier: Interpretations of “Data” in the Digital Services Act Researcher Access Provision

The European Union's Digital Services Act promises to disrupt the power held by platform companies to determine how data needed to understand risks is accessed by researchers. Article 40 brings researcher data access into a governance of platforms framework, but how data are conceptualized in this regime is overloo...

Taylor Annabell · 0 citations
Open access Aug 2026

Cross-Border Data Transfer in Tanzania: Assessing Legal Standards, Institutional Gaps, and the Digital Platforms Challenge

The study concludes that the legal and institutional frameworks governing cross-border data transfers in Tanzania are not yet effective in regulating digital platforms and recommends legislative and regulatory reforms, institutional strengthening, and policy and practice.

Josephina John · 0 citations

We use cookies to run the site and, with your consent, for analytics and to show ads. See our Cookie Policy.