Database Protection: Stergios Konstantinou attended the event organized by the European University Cyprus in Nicosia, held as part of the event “Legal Tools for Information Protection” honoring the 10-year anniversary of the journal “ENTHA.”
Mr. Konstantinou’s presentation focused on legislative developments in the field of database protection. Specifically:
Key Topics of the Presentation
- Importance of Databases:
Databases are a critical component of the modern digital ecosystem, enabling the storage, management, and analysis of large volumes of data. The rise of cloud computing and big data has further highlighted their significance. - EU Directive 96/9/EC:
This Directive establishes a harmonized legal framework for the protection of databases in the EU, providing dual protection:- Copyright Protection: Covers the original selection or arrangement of the database contents.
- Sui Generis Right: Protects the substantial investment made in obtaining, verifying, or presenting the contents of the database.
- Integration into Hellenic Legislation:
Directive 96/9/EC was integrated into Hellenic law through Law 2819/2000, amending Law 2121/1993 on intellectual property, introducing provisions for database protection. - Jurisprudence:
The presentation analyzed key judicial decisions that have shaped database protection, including:- Ryanair Ltd v. PR Aviation BV (C-30/14): The CJEU ruled that if a database is not protected by copyright or the sui generis right, the creator’s terms of use can contractually restrict third-party use.
- Freistaat Bayern v. Verlag Esterbauer GmbH (C-490/14): The CJEU clarified that sui generis protection does not extend to data lacking substantial investment.
- CV-Online Latvia v. Melons (C-762/19): The CJEU determined that copying and indexing a substantial part of a database by a search engine may constitute “extraction” and “re-utilization” if it harms the database creator’s investment.
- Recent Developments:
The presentation referenced recent updates, such as Directive (EU) 2019/1024 on open data and the reuse of public sector information, which amended Directive 96/9/EC to promote open data access and reuse. - Challenges and Future Trends:
Discussed challenges arising from artificial intelligence (AI) and big data, emphasizing the need for legislative adaptation to technological advancements and the demands of the digital age.
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Our law firm offers specialized legal services in the field of information and database protection, focusing on modern technological and regulatory developments. Specifically, we provide:
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