Flowing Data, Shifting Power: The Paradox of Data as a 'Fifth Freedom' in the European Union

The "free flow of data" has become a central yet contentious principle in European data governance, it is often framed as indispensable for innova-tion, economic growth, and the functioning of the European single market. However, unlike the four established freedoms of the single market—goods, services, capital, and people—data occupies a unique and problematic posi-tion. While some scholars have proposed data as a fifth freedom, this char-acterisation raises significant legal and ethical challenges. Data is inherent-ly tied to individuals, which means that commodifying it as a market enti-ty—risks reducing aspects of personality and identity to mere commodities. This tension highlights a fundamental problem: while the free flow of data holds significant economic value and fuels what is termed competitiveness, it simultaneously threatens to undermine personal autonomy, privacy, and equity in the data economy. This paper critically examines the legal and regulatory implications of this tension, interrogating how the free flow of data is conceptualised and implemented within frameworks such as the GDPR, DMA, the DA, and the DGA. By deconstructing the free flow of data as both a legal and socio-political construct, this paper highlights the inher-ent contradictions in its application. It argues that conceptualising data as a fifth freedom risks surrendering significant power to market forces, further entrenching existing imbalances and eroding fundamental rights. The paper calls for a reframing of the discourse around data governance, emphasising the need to balance economic and technological ambitions with the protec-tion of personal autonomy and privacy.