In today’s information society, databases play a crucial role.
In today’s information society, databases play a crucial role.
In today’s information society, databases play a crucial role. Whether it is corporate data, statistics or extensive collections of data for internal or commercial use, protecting these valuable collections can be essential. Yet the right to exclusively exploit a database is often overlooked until infringement becomes a reality.
A database is legally defined as a collection of works, data or other independent elements which are systematically or methodically arranged and individually accessible, and the acquisition, verification or presentation of which demonstrates a “substantial investment” in qualitative or quantitative terms. This means that efforts must be directed towards the creation of the database itself, rather than towards the creation of the data that will be included in it.
The protection of a database only applies when there is substantial investment in obtaining, checking or presenting the data. Investments that are primarily aimed at something other than creating a database, such as creating the data itself, are not covered by this protection. For example, if the investment is primarily aimed at operating a webshop and not at compiling a database, the database right cannot be invoked.
It follows from case law that investments must be aimed at compiling the database. Investments in creating the data that form the content of the database (such as product information in a webshop) are not considered investments in the database itself. On the other hand, investments in collecting and organising existing data are relevant for database law protection. Parties that can successfully invoke database law are, for example, comparison websites, booking platforms and online encyclopaedias, which specifically invest in obtaining and structuring data.
The producer of a database has the right to determine who may retrieve or reuse substantial parts of the database without permission. This right protects the investment in the database and prevents third parties from taking over large parts of the data without permission. In the event of infringement, you can consider legal action, such as requesting a ban on the use of the data or claiming damages. Proving infringement can be complex, especially when the data is also accessible elsewhere.
If you have a question about Database Law, please contact Guldemond Advocaten.
