Year: 2024
Type: article
Abstract: The digital fraternity of data and technology has changed the existing and driven new legal regulations worldwide. Announced as an original European contribution, the sui generis right to database protection will not apply to certain data after the entry into force of Article 43 of the Data Act (2023). The specifics of the legal protection of electronic databases are determined by their technical nature. This paper offers results establishing the need to review the applicability of the Database Directive (1996) to the new generation of databases in the information society. Whether and how the Database Directive fits into the modern data landscape and its legal framework is just as important a question as the answer to the expectations that it will contribute to the development of the information market of the European Union. The analysis based on the technical nature of specific databases and CJEU judgments the shows the relevance of the debate about the place of the Database Directive in the European Data Strategy, which is now dominated by the ‘The big five” of EU’s data legislation.
Author: Albena Dobreva
Institution: University of National and World Economy
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4406809587