Database law

In an era when data has become one of the most valuable assets, database law provides crucial legal protection for investments in data collection, structuring and management. However, many companies do not realize that, in addition to through contractual agreements, their databases can also be protected by specific legal rules. Below we provide an overview of database law, paying particular attention to its protection, conditions of application, and interfaces with other legal areas such as the AVG and data ownership.

What is database law?

Database law in Belgium has its origins in the Database Directive of the European Union, which has been transposed into Belgian law in the Code of Economic Law (WER). This right provides protection to databases in two ways:

1. Copyright protection: If, by its structure, selection or arrangement of content, the database is the author's own intellectual creation (Article XI 186 WER).
2. Sui generis law: If substantial investment has been made in collecting, verifying or presenting the data in the database (Article XI.306 WER)

Thus, database law does not refer to individual data in a database (which may be protected separately by, for example, the copyright), but provides protection to either the structure/classification of a database (by the copyright) or to the totality of data collected in a database (by sui generis law).

What is a database?

A database is legally defined as "a collection of works, data or other independent elements, systematically or methodically arranged, and separately accessible by electronic means or otherwise" (Article I.16, 6° WER). Only databases that fall under this definition receive protection under database law.

Examples of databases:

• A database of customer information in a CRM system
• A collection of medical examination data
• A database of real estate prices or real estate listings
• A database of sensor data from machines in a manufacturing environment

Forms of protection of databases

1. Copyright protection

A database may enjoy copyright protection if the structure or selection of data is original and the result of an intellectual creation.
Example: A database of historical real estate awards in which the creator applies a unique and creative arrangement.

• Duration of protection: 70 years after the death of the creator.
• Right of reproduction, distribution and public communication: Only the author can grant permission to copy, distribute or commercially exploit the database structure.

2. Sui generis law

This right provides protection to the producer of a database if he has made significant investments in the collection, control or presentation of the data. The goal is to prevent third parties from simply taking over these efforts without investing themselves.
Example: A company that has developed a database of statistical data on the Belgian real estate market and has invested a lot of time and resources in collecting and organizing that data to do so.

• Duration of protection: 15 years from the completion of the database. This period may be extended if significant updates or revisions are made.
• Right of retrieval and reuse: It is prohibited to retrieve or reuse a substantial part of the database without the producer's permission

How does database law protect your business?

Companies in various industries - from technology and media to real estate and logistics - can use database law to protect their data from unfair competition and unauthorized use by third parties. The protection can be of great importance in:

• Countering competitors copying data directly from your systems.
• Legally anchoring your investment in unique databases.
• Creating commercial strategies around data licensing.

In addition to the statutory database right, additional protection may also arise in practice through contractual arrangements. This is particularly important in the case of data sharing between companies or the commercial exploitation of databases. Important contractual provisions may include:

• Ownership of the data: Who has the rights to the data collected?
• License terms: Under what conditions may the data be used?
• Secrecy obligations: To prevent misuse of sensitive information.