Database rights
What are database rights?
Database rights protect collections of data, works or other independent elements that are systematically or methodically organised and separately accessible. The latter means that the data in a database must be searchable, for example via an index or an electronic search function. The elements in the database must also be independently accessible, without the meaning of individual data being lost.
Examples:
- A novel is not a database. Although a novel consists of chapters (elements), these cannot be consulted independently and must be read in a specific order.
- An encyclopaedia, on the other hand, is a database. The various articles in an encyclopaedia can be used independently and can be consulted in any order.
Which collections are covered by database rights?
There are countless types of collections of data, works or other independent elements that can be protected by database rights. This makes database rights important in a wide range of sectors:
- E-commerce: Customer and product databases of online shops.
- Healthcare: Medical research databases and patient records.
- Financial sector: Market datasets and price information.
- Media: Archives of news articles or images.
- Transport and logistics: Route systems and planning databases.
- Science and education: Research databases and libraries.
- Technology: AI training datasets.
How do you obtain a database right?
A database right arises automatically once you have made a substantial investment in the acquisition, verification or presentation of the contents of the database. This investment can be both qualitative and quantitative in nature.
- Qualitative: The expertise, time and energy spent on collecting and organising data.
- Quantitative: Financial resources invested in technology, personnel or processes to develop the database.
There is no fixed threshold for what constitutes a substantial investment. According to the law, an investment is substantial if it can only be recouped after a considerable period of time and protection is economically necessary.
How long does a database right apply?
The database right is valid for fifteen years from the completion of the production of the database. If substantial changes are made that result in a new substantial investment, a new period of protection may commence.
When is there an infringement of a database?
An infringement of a database right occurs when someone retrieves or reuses a substantial part of the content of the database without the consent of the right holder. “Retrieval” refers to the permanent or temporary copying of the content, while “reuse” refers to making the content available to the public.
What is the best course of action in the event of an infringement of a database right?
It is crucial to act quickly and carefully. Immediately gather evidence of the infringement and have your database legally reviewed to ensure that it meets the requirements of database rights. If this is confirmed to be the case, a letter of formal notice will usually be sent first. If this does not help, you can take legal action. Are you unsure about the right course of action? We are happy to advise you.
What are the legal consequences of infringing a small part of a database?
Even copying a small part of a database can constitute an infringement from a legal point of view if that part is substantial in terms of quality or quantity. In other words, it is not only about the quantity, but also about the importance of the copied data within the entire database. If, for example, someone has copied a strategic core segment, that may be sufficient to establish liability. The creator can then claim damages or have an injunction imposed. So do not underestimate a “minor” infringement: it too can have major consequences.
What legal steps can you take in the event of an infringement of database rights?
In the event of an infringement, the right holder can take action by:
- Sending a letter of formal notice: This is a formal warning requesting the infringer to cease the infringement and compensate for any damage.
- Initiating legal proceedings: If a letter of formal notice has no effect, a court may impose a prohibition on further infringement and award damages.
What is the relationship between database rights and copyright?
It is important to emphasise that database rights protect the content of the database, while copyright can protect the original structure or design of the database, provided that it is sufficiently creative. Both rights can therefore coexist and offer separate protections.
The Database Act
The Database Act, as we know it, has been in force since 1999. Article 1 of the Database Act defines a database as a collection of works, data or other independent elements that are systematically or methodically arranged and individually accessible by electronic means or otherwise, and for which the acquisition, verification or presentation of the content in qualitative or quantitative terms represents a substantial investment. The definition in the Database Act suggests that a database is more than, for example, a list of address details of business relations. In fact, any collection of data and information may be eligible for protection.
Can databases with non-electronic access also be protected under database law?
Yes, non-electronic databases can also be protected, as long as they are systematically or methodically organised and individually accessible. Think of a paper card index with manually collected customer data or product information. The form (digital or analogue) is not decisive in this respect. What counts is whether there has been a demonstrable substantial investment in the compilation or arrangement. That investment must be aimed at making the data accessible for reuse. If in doubt, always have your database checked by a legal expert to ensure that it complies.
Procedures
Database rights are a relatively unknown right that is increasingly attracting attention. Database rights have certainly been the subject of several lengthy disputes in recent years. In the real estate sector (Jaap.nl), the automotive industry (Gaspedaal.nl) and the publishing industry, there are regular legal proceedings concerning the (re)use of data.
Substantial investment
The decisive factor for protection is whether the database is the result of a substantial investment. Exact amounts and/or efforts are not defined and there is no registration requirement. Case law indicates that there must at least be demonstrable large-scale investments aimed at the acquisition, control and/or presentation of the database. In other words, it is not the value of the content of the database that is decisive, but the investment in the database itself.
Right holder
The right holder is the producer, i.e. the party bearing the risk of the aforementioned investments. A producer may object to the retrieval or reuse of a significant part of the content of its database.
Database content
The content of a database may be protected by copyright, for example in the case of a collection of photographs or texts. If the content is not protected by copyright, it may be possible to consider protection on the basis of written works protection.
Role of solicitor
Since databases by definition involve major interests (substantial investments), it is important to be well informed about the options for protecting your database. The solicitors at Fruytier Lawyers in Business can assist you in this regard.