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“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”

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Database right (Commercial) meaning

What does Database right (Commercial) mean?
Protection that prevents unauthorised extraction or re‑utilisation of a database where there has been substantial investment in obtaining, verifying or presenting its contents. This is a sui generis database right, set out in legislation (in the UK by the Copyright and Rights in Databases Regulations 1997; in Ireland by national measures implementing Directive 96/9/EC). Key features: - Subsistence depends on substantial investment, not on originality. The right belongs to the database “maker” (the person who took the initiative and assumed the investment risk). - It restricts extraction or re‑utilisation of the whole or a substantial part, and can catch repeated and systematic taking of insubstantial parts. - The term is 15 years from completion or first making available; a new term may arise for substantial changes resulting from further substantial investment. - It is distinct from copyright and contract rights, and commonly addressed in data licensing, outsourcing, tech procurement and M&A due diligence. Jurisdiction: - England & Wales, Scotland and Northern Ireland recognise a UK database right. Following Brexit, qualification depends on UK status; EEA persons generally do not qualify for new UK database rights, and vice versa, though pre‑2021 EEA rights may continue in the UK until expiry. Ireland applies the...
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NEWS
EU law weekly briefing: legislative, regulatory and enforcement developments across finance, competition, data, environment, IP, life sciences and TMT (22 February 2024)

In this issue: Banking and finance Commercial Competition and state aid Corporate Data protection and cybersecurity Environment Financial services IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers Banking and finance EU banking package: EBA consults on Pillar 3 disclosures and supervisory reporting requirements for operational risk The European Banking Authority (EBA) has opened consultation on two draft implementing technical standards (ITS) that would revise Pillar 3 disclosure obligations and supervisory reporting for operational risk. Feedback is invited by 30 April 2024. See: LNB News 20/02/2024 42. EU banking package: EBA consults on business indicator-related mandates in CRR3 The EBA is also seeking views on two sets of draft regulatory technical standards (RTS) covering the components of the business indicator (BI), together with a draft ITS aligning BI components to the corresponding supervisory reporting references under the Capital Requirements Regulation (CRR)....

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NEWS
EU law weekly update: 2026 budget, cartel fines, Malta citizenship ruling, GDPR rectification, energy grids and fusion, carbon removals, pharma reforms, UPC, DSA/AI Act, data and spectrum consultations

In this issue: EU fundamentals Commercial Competition and state aid Free movement, immigration and employment Data protection and cybersecurity Financial services Energy Environment IP Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals Commission proposes €193.26bn EU budget for 2026 to advance key priorities The European Commission has unveiled its draft EU budget for 2026, setting total appropriations at €193.26bn, alongside an estimated €105.32bn in NextGenerationEU disbursements. Framed against continuing geopolitical uncertainty, the plan targets core strategic aims: ongoing support for Ukraine, strengthened security and defence, migration management, enhanced competitiveness, and investment underpinning the green and digital transitions. See: LNB News 04/06/2025 41. Commission opens consultation on political advertising guidance The Commission has launched a call for evidence on guidance for implementing Regulation (EU) 2024/900 on transparency in political advertising. The guidance will clarify how to identify political advertising and apply...

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View the related Practice Notes about Database right (Commercial)

PRACTICE NOTES
UK copyright and online news snippets: aggregation, headlines, linking, embedding, temporary copies, licences, database right, and the press publishers’ right post-Brexit

Issues to consider This Practice Note will be valuable for advisers to the publishing sector and providers of news aggregation services concerned with the spread of online information. It presumes familiarity with, and should be consulted alongside, the following Practice Notes: Copyright—subsistence and qualification Copyright infringement Linking on the web Copyright empowers the owner to restrain others from undertaking specified acts in relation to the protected work, including reproducing it and communicating it to the public. Online news aggregation and linking now represent major commercial activity, with copyright determining who may do what with particular content. When assessing the dissemination of information online, the key questions to address are: whether the material benefits from copyright protection whether there has been copyright infringement whether any exceptions to infringement apply the position regarding consent to reproduce material or to perform other potentially infringing acts Status of EU copyright law in the UK ...

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PRACTICE NOTES
UK Information Law after IP Completion Day: Data Protection, ePrivacy, Cybersecurity, Databases, FOI and Public Sector Information, Trade Secrets, Defamation, Immigration and Commercial Arrangements

ARCHIVED This Practice Note is archived and is no longer maintained. At 11 pm (GMT) on 31 December 2020, the implementation period—put in place to allow the UK to move away from the EU’s laws and institutions—came to a close. At this point in time (described in this document as ‘IP completion day’), there was an immediate and significant shift in the UK’s legal regime. This Note outlines the implications of that change for the following areas of Information Law and practice: Overview—what happened on 31 December 2020 Access to EEA workers Commercial arrangements Data protection (excluding matters relating to law enforcement processing and intelligence services processing) ePrivacy Cybersecurity Databases Public sector information Confidential information Reputation management For a tracker of key Information Law Brexit legislation and guidance, see Practice Note: Information Law—Brexit tracker. This Practice Note concentrates on the subjects listed above, except that it does not address the impact on law enforcement...

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