Study in support of the evaluation of Directive 96/9/EC on the legal protection of databases : executive summary

The Directive 96/9/EC on the legal protection of databases (hereafter Database Directive) pursues three objectives: the harmonisation of database protection across the Member States of the European Union, the promotion of investment in the production of databases with a view of fostering the international competitiveness of the European digital industry, and the safeguard of the balance of interests between database users and database makers. The protection of the intellectual creativity embodied in databases is provided through copyright (Article 3), while investment in the collection, verification and presentation of the contents of database are protected via a sui generis right, which allows the database maker to prevent any extraction and/or re-utilisation of substantial parts of those contents (Article 7). A first evaluation of the Database Directive was conducted in 2005. The current study aimed to collect facts and evidence on the impact of the Database Directive, so that the European Commission can determine, in the context of a new REFIT evaluation, whether the Directive still fulfils its policy goals and whether it is useful in view of the most recent technological developments and the emerging data economy. In the current context, it seems that the Database Directive does not apply to the databases generated with the means of machines, sensors and other new technologies (such as the Internet of Things or artificial intelligence). In fact, the generation of these databases is closely interlinked with the creation of their content (i.e. data). However, case law indisputably excludes investments in data creation from the scope of the sui generis right. The Study nevertheless explores what the impacts of a reversing jurisprudence would be. A legal and economic analysis helps determine whether these newly generated databases would need protection, if so, whether the current sui generis right and database copyright would be sufficient, and whether the Database Directive would contribute to the competitiveness of the European companies in the current context of the fast-growing data economy. An online survey, in-depth interviews with database users, makers and experts, and a workshop, in addition to the public consultation conducted by the European Commission, provided the evidence that inform the economic and legal analyses of the outputs, outcomes and impacts of the Database Directive. The current study also examines the Database Directive in the context of the broader data economy and the Data Economy Package.