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Evaluation of Directive 96/9/EC on the legal protection of databases [as part of DG CNECT framework contract No SMART 2013/00065 – LOT2]

Start Date: 
July, 2017
End Date: 
February, 2018
European Commission, DG CNECT

The general objective of this study is to gather facts and figures and any other evidence to be used by the European Commission in the REFIT evaluation of the Database Directive.

The specific purpose of the REFIT evaluation is twofold:

  • To assess whether the Database Directive still fulfils its policy goals of providing protection of databases, including those not protected under copyright, while taking into account users' legitimate interests and
  • To determine whether the Database Directive is still well applicable in view of the development of new technologies, new business models based on data exploitation, and other emerging data-related issues, policies and legal frameworks on data access and ownership, stemming notably from the Digital Single Market (DSM) strategy.

Therefore, this study should gather up-to-date evidence on the impact that the Database Directive has had on the ground since its adoption/ implementation, for database makers and users. The study must consider the relevance, coherence, effectiveness, efficiency and EU added value of the Directive's provisions and the legislation implementing it, following the more stringent guidelines of the REFIT provisions and the better regulation guidelines. This entails also a strong view to assess cost and benefits.

Evidence will be collected through an online survey, in-depth interviews with database users, database makers and database right experts, a dedicated workshop, and desk research. 

Approach / methodologies / types of services provided :  Online survey, Interviews, Workshop, Desk Research, Quantitative and qualitative economic analysis, Legal analysis


The Joint Institute for Innovation Policy with all its members: Joanneum Research, Tecnalia, TNO, VTT