Data base

A database is a collection of works, data or other elements arranged in a systematic and methodical way. These are individually accessible by electronic and other means.

It allows the user to find his way through the mass of data and to easily select the one he is interested in.

The separability of the elements that make up the database and the accessibility of the data are the two points that characterize this notion.

If the data in the database is personal data, the GDPR will apply.

Certain elements of the database may, provided they are original, be protected by copyright, namely

• Software;
• The graphic charter;
• Structure;
• The tools for the operation and consultation of the database.

However, the following elements are not taken into consideration in determining the eligibility of the database for copyright protection:

• The intellectual effort and expertise expended in creating the data;
• Whether or not the selection or arrangement of the data involves a significant addition to the data.

In addition, the producer of a database may have a protection regime distinct from copyright, namely the sui generis right of the producer of the database.

The producer of the database benefits from a protection of the content of his database, as stated in article L341-1 of the Intellectual Property Code, when: “the constitution, the verification or the presentation of the database attests to a substantial financial, material or human investment”.

It is important to note that this protection is completely independent of that resulting from copyright, one not conditioning the other.

GDPR Point

“For the purposes of this regulation, the following definitions apply: (…)

“‘processing‘ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction ”

Article 4. 2) the GDPR

Point of jurisprudence

The Court of Justice of the European Union (CJEU) has held that a database is protected by copyright provided that the selection or arrangement of the data it contains constitutes: ” an original expression of the author’s creative freedom, which it is up to the national court to verifyr. “

CJEU March 1, 2012, Football Dataco and Others v. Yahoo! UK Ltd and others, aff. C-604/10

The Bouchara Law firm assists you in particular in :

• Making your organization GDPR compliant;
• The drafting of data protection policies (privacy policy, computer charter …);
• Documentation of your processing (register of processing activities, register of violations, privacy impact analysis, prior consultation…);
• Obtaining certifications and adhering to codes of conduct;
• The study of the legal feasibility of the implementation of a new personal data processing;
• The drafting and transmission of your codes of conduct to the CNIL for approval;
• Legal analysis of the compliance of your data processing, including data transfers outside the European Economic Area;
• Drafting and negotiating your data processing agreements (DPA);
• Drafting your Binding Corporate Rules (BCR) and Codes of Conduct;
• Training and awareness of your employees.

We are also the external Data Protection Officer of many data processors and subcontractors.