How can data sharing be legally regulated?

There are no general legal rules for sharing data, so it makes sense for parties to make contractual agreements on this.

If there is an intellectual property right on the data, such as copyright or a database right, the rightsholder can grant a user a right of use or licence and then also provide the user with access to the material. This licence may be accompanied by terms of use. For example, one could add the provision that the user may not grant sub-licences or resell the licence to third parties. 

Besides the intellectual property approach, it is possible (and sometimes desirable) to make contractual agreements. The contract with a party who wants to see the data can determine what is and what is not allowed. If the contractual terms are breached, damages or agreed fines can then be claimed in court.

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  • Created 29-06-2023
  • Last Edited 29-06-2023
  • Subject Using data
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