European UnionData Act, Article 43 (sui generis database right and data from connected products)
Regulation (EU) 2023/2854, Art. 43
In force since .
A database right rule binding public and private bodies.
As of .
What it requires
- This Regulation is binding in its entirety and directly applicable in all Member States, and applies from (Article 50).
- Treat data obtained from or generated by a connected product or related service within the scope of the Regulation, in particular in relation to Articles 4 and 5, as outside the sui generis right of Article 7 of Directive 96/9/EC, which does not apply to such data (Article 43).
What this law does
Article 43 provides that the sui generis right provided for in Article 7 of Directive 96/9/EC does not apply when data is obtained from or generated by a connected product or related service falling within the scope of the Regulation, in particular in relation to Articles 4 and 5 of the Regulation.
Recital 112 states the purpose as eliminating the risk that holders of data in databases obtained or generated by means of physical components, such as sensors, of a connected product and a related service, or other machine-generated data, claim the sui generis right and so hinder the effective exercise of users' rights to access and use data and to share data with third parties under the Regulation.
Recital 112 adds that this does not affect the possible application of the sui generis right to databases containing data falling outside the scope of the Regulation, provided that the requirements for protection under paragraph 1 of Article 7 of Directive 96/9/EC are fulfilled.
Article 2, point (5), defines a connected product as an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user.
Article 2, point (6), defines a related service as a digital service, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product.
Article 50 applies the Regulation from . Article 50 provides that the Regulation is binding in its entirety and directly applicable in all Member States.
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