HungarySzjt. Section 84/A, Sui Generis Database Producer's Right
1999. évi LXXVI. törvény (Szjt.), 84/A. § (Az adatbázisok előállítóinak védelme)
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Obtain the database producer's consent before extracting or re-utilizing the whole or a substantial part of a database's contents, per Szjt. Section 84/A(1), where obtaining, verifying, or presenting that database's contents required substantial investment.
- Do not repeatedly and systematically extract or re-utilize even an insignificant part of such a database if doing so conflicts with its normal exploitation or unreasonably prejudices the producer's legitimate interests, per Szjt. Section 84/A(3).
These lines are LexLint's reading of the law's text. Also read by: Case C-762/19 CV-Online Latvia SIA v Melons SIA, judgment of (Fifth Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62019CJ0762
- Case citation
- Case C-762/19 CV-Online Latvia SIA v Melons SIA, judgment of (Fifth Chamber)
- Open questions
- Does a crawler's periodic extraction of small parts of a database amount to extraction 'ismételten és rendszeresen' (repeatedly and systematically) that is 'sérelmes az adatbázis rendes felhasználására' (prejudicial to the normal use of the database)?
- Does extraction by a service that does not compete with the producer 'indokolatlanul károsítja' (unreasonably prejudice) the producer's 'jogos érdekeit' (legitimate interests) under section 84/A (3)?
What it makes you log
Logging duty
Section 84/A makes the database producer's consent necessary for copying or making available the whole or a substantial part of a database, and bars repeated and systematic extraction of insubstantial parts. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Section 84/A(1) requires a database producer's consent before the whole or a substantial part of a database's contents is extracted (reproduced) or re-utilized (made available to the public).
Section 84/A(3) extends this to repeated and systematic extraction or re-utilization of even an insignificant part of the database, where that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests, which reaches a scraper that repeatedly copies small amounts over time rather than the database in one pass. Section 84/A(5) confines the right to a database whose obtaining, verification, or presentation required substantial investment.
This transposes the EU Database Directive's sui generis right. Chapter XI/A, including this section, was inserted by Act LXXVII of 2001, Section 8(2). That Act's own Section 13(1) brought the whole Act into force on .
When LexLint raises it
When your app profile says your app crawls the web.
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