Chapter X- Sui generis right under Directive 96/9/EC (Art. 43)
Art. 43 Data Act - Databases containing certain data
The sui generis right provided for in Article 7 of Directive 96/9/EC shall not apply when data is obtained from or generated by a connected product or related service falling within the scope of this Regulation, in particular in relation to Articles 4 and 5 thereof.
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Recital 112
In order to eliminate the risk that holders of data in databases obtained or generated by means of physical components, such as sensors, of a connected product and a related service or other machine-generated data, claim the sui generis right under Article 7 of Directive 96/9/EC, and in so doing hinder, in particular, the effective exercise of the right of users to access and use data and the right to share data with third parties under this Regulation, it should be clarified that the sui generis right does not apply to such databases. That does not affect the possible application of the sui generis right under Article 7 of Directive 96/9/EC to databases containing data falling outside the scope of this Regulation, provided that the requirements for protection pursuant to paragraph 1 of that Article are fulfilled.
