PolandUstawa o ochronie baz danych, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Access restriction
- Audit expectation
- none
What it requires
- Get the producer's authorization before extracting or reusing a substantial part, by quality or quantity, of a protected database's contents; the right runs 15 years from the database's completion or first public availability.
- Do not repeatedly and systematically extract or reuse even an insubstantial part of a database in a way that conflicts with its normal exploitation or unreasonably prejudices the producer's legitimate interests.
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.
- NIST AI 600-1
- GAI-RISK-09Information Security
- GAI-RISK-12Value Chain and Component Integration
- OWASP LLM Top 10
- LLM03:2026Excessive Agency
- OWASP Agentic Top 10
- ASI03Identity and Privilege Abuse
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-018Agent Authority Least Privilege Framework
- AIR-PREV-023Agentic System Credential Protection Framework
- ETSI EN 304 223
- 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
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
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
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
- When is the repeated retrieval of small parts of a database by a crawler 'sprzeczne z normalnym korzystaniem' with the database under Article 8 paragraph 2?
- When does systematic retrieval of insubstantial parts cause 'nieusprawiedliwione naruszenie słusznych interesów producenta' under Article 8 paragraph 2, if the database stays fully available to the producer's own users?
What it makes you log
Logging duty
The Act gives the producer of a database the exclusive right to extract data and re-use it in whole or in a substantial part, and bars the producer from forbidding a lawful user to extract insubstantial parts. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
A database's producer, the person bearing the investment risk of making it, holds an exclusive and transferable right to extract or reuse the whole or a substantial part, by quality or quantity, of its contents, running 15 years from the year the database was made, or from the year it was first made available to the public if that happens within the initial term, restarting on any subsequent substantial new investment.
A lawful user may extract or reuse an insubstantial part for any purpose without the producer's permission, but Article 8(2) separately bars repeated and systematic extraction or reuse, of even an insubstantial part, that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests, and a contract term contrary to the lawful user's Article 7 rights is void.
On infringement, the producer may seek an injunction, removal of the infringement's effects, damages on general principles or as a statutory multiple, restitution of profits, and a court order for publication of the judgment.
Article 8a, added in 2024, lets anyone reproduce a disseminated database for text-and-data-mining unless the rightsholder has reserved that use, and Article 8b gives cultural-heritage institutions and research bodies a corresponding exception for non-commercial scientific research.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
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