Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Databases definition

What does Databases mean? In legal practice, databases are structured collections of independent works, data or other materials used, maintained and licensed in technology, outsourcing and data‑rich commercial transactions, and frequently litigated in scraping, extraction and reuse disputes. The term is defined in legislation: in the UK by the copyright and Rights in Databases Regulations 1997, and in Ireland by measures implementing the EU Database Directive (96/9/EC). A database covers electronic and non‑electronic collections arranged systematically or methodically, with items individually accessible. Two forms of protection may apply, concurrently: - Copyright, protecting the original selection or arrangement where it reflects the author’s own intellectual creation. -...

UK database protection post‑Brexit: copyright in structure, sui generis rights, assimilated law, subsistence, infringement, remedies, competition and confidentiality

Published by a LexisNexis IP expert

Practice notes

UK databases—scope, Brexit and assimilated law

Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 (IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained eu law—under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union (withdrawal agreement) Act 2020 amended the EU(W)A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to follow, principles or judgments of the EU courts issued after the cut‑off. For further detail, see Practice Notes: Brexit—key legislation explained and Introduction to retained EU law. The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) then adjusted this framework again from the end of 2023...

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Giles Pratt

Freshfields

Giles heads the Freshfields intellectual property and technology group. He also leads the Freshfields data practice in London, and co-heads the firm's digitization initiatives including the Freshfields TQ platform.He is particularly active in the consumer, retail, technology, media, automotive and financial institutions sectors, and specialises in cross-border IP, data privacy and cyber security, commercial and e-commerce law.He regularly advises on transactions involving valuable brands, technology, content and data, particularly in the context of international M&A, IP/tech-heavy carve-outs and JVs, restructuring, financing, licensing and other complex commercial and IP agreements. He also advises on IP disputes and risk management, including multi-jurisdictional brand protection and copyright infringement, and IP and antitrust issues.Giles leads the Freshfields London data practice, advising on the full range of legal issues relating to data, including IP protection and data privacy matters, particularly in the context of deals, crises,...

Zofia Aszendorf

Freshfields

Zofia is a senior associate in the Freshfields IP and technology group, and works on contentious and non-contentious IP, IT, data protection and commercial matters, with a particular focus on tech M&A.She advises clients on cross-border IP and technology transactions, including the acquisition, disposal, licensing and separation of IP and IT assets. Zofia also works on a wide variety of commercial agreements, including relating to the exploitation of intellectual property rights and data as an asset, and complex business separation projects.Zofia trained at Freshfields, completing seats in the intellectual property, corporate, finance and ACT teams, and qualified in August 2014. As part of her training contract, she also spent time on secondment to the Freshfields Singapore office....

Web page updated on 22/05/2026

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