Ownership of commissioned dataset?

Who owns the dataset that a developer creates for his client?

The answer to this question depends on the type of right that arises when the dataset is created.

If a database right [link] arises, protecting the dataset as a structure, the right belongs to the party who bears the economic risk in creating the dataset. It is then possible to include in the assignment contract that the database right should be transferred to the customer. The delivery of the right will then still require a deed of delivery when the dataset is finished.

If a copyright arises, protecting the content of the dataset, that right will in principle belong to the creator. The creator can be a (legal) person or a group, who created the work using their knowledge and creativity. Copyright can be transferred, but this must be done explicitly, as must database rights.

If none of these rights apply, then the parties must agree among themselves who has what obligations regarding the quality of and access to the data.

If multiple rights arise, the rightsholder may choose which one to use. Should the client have the database right and the developer the copyright on the content, the developer's copyright allows him to stop the reproduction of the dataset, as it contains material to which the developer has a copyright.