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

The 1996 Directive on the legal protection of databases (Database Directive) aims at supporting the development of the European database industry. It created a sui generis right protecting investments of database makers, regardless of the originality of databases, and harmonised copyright law applicable to the original databases. This study investigates whether the Database Directive fulfils its objectives, especially in the current context of the fast-growing data economy, and whether, and if so how, it should be revised that it has the expected positive impacts on businesses and database availability. Relevant information was gathered from a wide range of stakeholders, including database users, makers and user-makers. Legal experts in the field of database protection additionally have been consulted through in-depth interviews to ensure that the evaluation is built on solid knowledge and experience. The results of a targeted online survey, as well as the European Commission Public Consultation, contributed to building up the evidence of the study. The consultation of the legal practitioners complements the legal analysis and desk research. The Study takes into consideration the principles of better regulation, which requires an evaluation of whether legislative measures have achieved their stated objectives effectively and efficiently, whether they are relevant and coherent, and whether there is any European added value.