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The perceived need and potential impact of Article 35, on database protection and data portability, in the proposed EU Data Act

Shen, Xueyan LU (2022) HARN63 20221
Department of Business Law
Abstract
After the proposed EU Data Act was released in February this year, the facilitation of data sharing was emphasized, which might bring many aspects of impact. In particular, the implications for data portability and database protection. The purpose of this thesis is to describe and analyze the intersection between the EU sui generis database right and the EU right to data portability, and to which extent Art.35 in the proposed EU Data Act might have an impact on these two rights. This thesis concludes that the proposed EU Data Act might extend the scope of application of the EU right to data portability and release some certain data from the EU sui generis database right. But this thesis does not consider these implications to be black or... (More)
After the proposed EU Data Act was released in February this year, the facilitation of data sharing was emphasized, which might bring many aspects of impact. In particular, the implications for data portability and database protection. The purpose of this thesis is to describe and analyze the intersection between the EU sui generis database right and the EU right to data portability, and to which extent Art.35 in the proposed EU Data Act might have an impact on these two rights. This thesis concludes that the proposed EU Data Act might extend the scope of application of the EU right to data portability and release some certain data from the EU sui generis database right. But this thesis does not consider these implications to be black or white. It hopefully draws more attention to the intersections of these two rights. (Less)
Please use this url to cite or link to this publication:
author
Shen, Xueyan LU
supervisor
organization
course
HARN63 20221
year
type
H1 - Master's Degree (One Year)
subject
keywords
General Data Protection Regulation, Right to Data Portability, Sui Generis Database Right, proposed EU Data Act, database protection
language
English
id
9085634
date added to LUP
2022-06-17 09:53:23
date last changed
2022-06-17 09:53:23
@misc{9085634,
  abstract     = {{After the proposed EU Data Act was released in February this year, the facilitation of data sharing was emphasized, which might bring many aspects of impact. In particular, the implications for data portability and database protection. The purpose of this thesis is to describe and analyze the intersection between the EU sui generis database right and the EU right to data portability, and to which extent Art.35 in the proposed EU Data Act might have an impact on these two rights. This thesis concludes that the proposed EU Data Act might extend the scope of application of the EU right to data portability and release some certain data from the EU sui generis database right. But this thesis does not consider these implications to be black or white. It hopefully draws more attention to the intersections of these two rights.}},
  author       = {{Shen, Xueyan}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The perceived need and potential impact of Article 35, on database protection and data portability, in the proposed EU Data Act}},
  year         = {{2022}},
}