Study to support an impact assessment for the review of the Database Directive
Publication date: 11 March 2022 | Report language: EN
Access to data and the ability to use it have become an EU policy priority as they are considered essential for innovation and economic growth in an increasingly data-driven
society. Particular attention is given to broadening access to and use of data generated/collected by sensors and machines in the Internet of Things (IoT) environment. As part of the actions to achieve this objective, the European Commission is reviewing the Directive 96/9/EC on the legal protection of databases (“Database Directive” or “Directive”), within the broader Data Act initiative.
The Database Directive aims to stimulate the creation of databases in the EU by providing legal protection (through a sui generis right) to database makers that made substantial investments in obtaining, verifying or presenting the contents of a database. Currently, there is legal uncertainty around the scope of the Directive, in particular in relation to machinegenerated data. The study supports the impact assessment for the review of the Database Directive in the context of the Data Act initiative to ensure that the Directive is fit for the new data economy and does not risk becoming an obstacle to sharing and usage of data within the EU and across sectors.
Based on information gathered from stakeholders and legal experts through an online survey, in-depth interviews and a closed workshop, and further complemented with desk research, this study offers a set of policy options for the Commission’s consideration to review the Directive and provides an assessment for their expected effectiveness, efficiency, and coherence.