Data protection

Database law as known in the Netherlands has been operative since 1999. Article 1 section 1 under a of the Database Act describes the database ‘as a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means and for which the acquisition, control or presentation of the contents, evaluated qualitatively or quantitatively, bears witness to a substantial investment’.

Although the definition rightly supposes that a database is more than for instance an extensive list of address details of relations, any “collection” could actually qualify for protection.

Procedures
Database law is a relatively unknown law which is receiving more and more attention. Certainly in the past years database law has been the reason for several lengthy disputes. In estate agencies (Jaap.nl), the automotive branch (Gaspedaal.nl) and the publishing branch one litigates regularly about whether it is allowed to (re)use data.

Substantial investment
Determinative for the protection is whether the database is the result of a substantial investment. Precise amounts and/or efforts have not been defined and there is neither any registration requirement. Jurisprudence shows that there must be at least evidenced large-scale investments directed at procuring, controlling and/or presenting the database. In other words, not the value of the contents of the database is decisive but the investment in the database itself.

Entitled person
Entitled person is the producer, which means the risk bearer of afore-mentioned investments. A producer may oppose to requesting or re-using a substantial part of the contents of his database.

Content database
The content itseld of a database can be protected by copyright, for instance when it concerns a collection of photos or texts.

Duration protection
As far as database protection is concerned a producer may invoke for 15 years protection of his rights. When there is an appreciable change of the contents of the same database, the period of extends with another 15 years.

Role lawyer
As with databases substantial interests (substantial investments) are involved, you need to be well informed about the possibilities to protect your database. The lawyers of Fruytier Lawyers in Business can of service to you.

Please contact Mr. M.N. van Hasselt via mvanhasselt@flib.nl or Mrs. N.Y. Wong via nwong@flib.nl for questions and/or advice about this subject.

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