NetherlandsDatabankenwet, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole or a substantial part of a database's contents without the producer's authorization, and do not repeatedly and systematically extract or re-utilize insubstantial parts in a way that conflicts with the database's normal exploitation or unreasonably prejudices the producer.
- The right lapses fifteen years after the year the database's production was completed, or after it was first made public if earlier, unless a substantial new investment restarts the term.
- Data obtained from or generated by a connected product or related service within the meaning of Article 43 of the EU Data Act is not protected by this right.
These lines are LexLint's reading of the law's text. Also read by: Case C-202/12 Innoweb BV v Wegener ICT Media BV and Wegener Mediaventions BV, 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:62012CJ0202
- Case citation
- Case C-202/12 Innoweb BV v Wegener ICT Media BV and Wegener Mediaventions BV, judgment of (Fifth Chamber)
- Open questions
- When does a crawler's repeated collection of individual records amount to 'herhaald en systematisch opvragen' of insubstantial parts 'in strijd met de normale exploitatie' of the database under Article 2, paragraph 1, point b?
- Does a scraper's extraction cause 'ongerechtvaardigde schade' to the 'rechtmatige belangen van de producent' under Article 2, paragraph 1, point b, when the database stays fully available to the producer's own users?
What it makes you log
Logging duty
The Databankenwet gives the producer of a database the exclusive right to permit extraction or re-use of the whole or a substantial part of its contents, and of insubstantial parts when done repeatedly and systematically against normal exploitation. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
A database producer, defined as the person who bears the investment risk for the database, has the exclusive right to authorize extracting or re-utilizing the whole or a qualitatively or quantitatively substantial part of a database's contents, and to prevent the repeated and systematic extraction or re-utilization of insubstantial parts where that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
The right arises when the database's production is completed and lapses fifteen years after 1 January of the following year, or of the year after it was first made available to the public if that happened before completion; a substantial new investment restarts the term. Circumventing an effective technical protection measure knowing or reasonably suspecting that is unlawful.
Since , the right does not apply to data obtained from or generated by a connected product or related service within the meaning of Article 43 of Regulation (EU) 2023/2854 (the EU Data Act). This right binds, and is held by, natural and legal persons alike, since a legal person is equated with a natural person in property-law matters unless the law provides otherwise.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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