Scope

The evaluation covers the overall functioning of the two parts of the Database Directive (Directive 96/9/EC on the legal protection of databases): copyright and sui generis right protection of databases. Yet, as prescribed in the legislation itself, the evaluation puts special emphasis on assessing the sui generis right (Articles 7 to 11 of the Directive). Related provisions, such as Article 1 (and in particular the definition of a database) and Article 15, are assessed together with the provisions on the copyright and the sui generis protections.

The objective of this evaluation were twofold: (i) to assess whether the Database Directive still fulfils its policy goals of providing protection of databases, including those not protected under copyright, while taking into account users' legitimate interests and (ii) to determine whether the Directive is still adapted in view of the development of new technologies, new business models based on data exploitation, and emerging policy and legal frameworks on data access and ownership, given the growing importance of data in today's economy.

Evaluation findings

In general terms, the conclusions of the 2005 evaluation report on the functioning of the Database Directive still apply:

• the Directive has been quite effective in harmonising database protection in Europe, reducing national fragmentation;

• despite providing some benefits at the stakeholder level, the sui generis right continues to have no proven impact on the overall production of databases in Europe, nor on the competitiveness of the EU database industry;

• the limited scope of protection ensures an appropriate balance between rights and interests of database makers and users.

Besides, the evaluation points out that, due to the limited scope of the sui generis right, which was clarified by 2004 CJEU decisions, the sui generis right does not apply broadly to the data economy, and typically covers databases that contain data obtained from external sources (for example industries like publishers, who seek out data in order to commercialize databases). This provides for a relatively efficient situation. However, the report concludes that this relationship needs a more continuous monitoring, especially vis-à-vis the application of the sui generis right in the data economy context that should be closely tracked.

The report also finds that there are no major inconsistencies between the Database Directive and other EU legislation. However, a clarification of how it interacts with the Public Sector Information Directive (PSI) was needed. This clarification has been debated in the negotiations related to the recast of the PSI directive. Directive (EU) 2019/1024 on open data and the re-use of public sector information was adopted on 26 June 2019.

Estimated savings and benefits

Both the costs and the benefits of the sui generis right are moderate, but the benefits seem to be higher. Database makers benefit from an extra layer of protection, especially against third parties, while users benefit mainly from improved legal clarity and lawful users’ access rights. No significant regulatory burdens were detected.