Data Sharing at the European Spallation Source - Theoretical Legal Framework for Data Sharing at the European Spallation Source: Establishing Best Practice for Open Access Data
(2026) HARN63 20261Department of Business Law
- Abstract
- This thesis explores the legal uncertainty surrounding the sharing of machine-generated operational data, with a specific focus on data produced by the Integrated Control System (ICS) at the European Spallation Source (ESS). It establishes the basis for a comprehensive data-sharing framework that bridges internal operations with external access rights.
To achieve this, the thesis analyses why raw operational data falls outside the scope of traditional Intellectual Property (IP) rights. It examines how this machine data fails to meet human-centric copyright thresholds and, when considered as a connected product or related service, falls outside the Database Directive’s sui generis protections under the European Union Data Act.... (More) - This thesis explores the legal uncertainty surrounding the sharing of machine-generated operational data, with a specific focus on data produced by the Integrated Control System (ICS) at the European Spallation Source (ESS). It establishes the basis for a comprehensive data-sharing framework that bridges internal operations with external access rights.
To achieve this, the thesis analyses why raw operational data falls outside the scope of traditional Intellectual Property (IP) rights. It examines how this machine data fails to meet human-centric copyright thresholds and, when considered as a connected product or related service, falls outside the Database Directive’s sui generis protections under the European Union Data Act. Consequently, the application of standard open-access agreements, such as Creative Commons 4.0 licenses, is insufficient as a stand-alone sharing agreement because they lack an underlying exclusive property right. Additionally, the research evaluates the ESS's internal data policies alongside broader European regulatory mandates, emphasising the need to align with the Findable, Accessible, Interoperable, and Reusable (FAIR) principles for open data.
Ultimately, the thesis concludes that establishing a model of contractual data stewardship provides the most legal certainty. It recommends entering into two independent data-sharing agreements under contract law. The first is a standardised agreement designed to facilitate open-access data sharing, while the second requires a bespoke design on a case-by-case basis for data containing more sensitive information. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/student-papers/record/9229790
- author
- Friberg, Nils LU
- supervisor
-
- Fredrik Edman LU
- Johan Långberg LU
- organization
- course
- HARN63 20261
- year
- 2026
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- EU Data Act, Open Access, Intellectual Property, Machine-Generated Data, Data Licensing, Data Steward, FRAND, FAIR
- language
- English
- id
- 9229790
- date added to LUP
- 2026-06-04 12:17:34
- date last changed
- 2026-06-04 12:17:34
@misc{9229790,
abstract = {{This thesis explores the legal uncertainty surrounding the sharing of machine-generated operational data, with a specific focus on data produced by the Integrated Control System (ICS) at the European Spallation Source (ESS). It establishes the basis for a comprehensive data-sharing framework that bridges internal operations with external access rights.
To achieve this, the thesis analyses why raw operational data falls outside the scope of traditional Intellectual Property (IP) rights. It examines how this machine data fails to meet human-centric copyright thresholds and, when considered as a connected product or related service, falls outside the Database Directive’s sui generis protections under the European Union Data Act. Consequently, the application of standard open-access agreements, such as Creative Commons 4.0 licenses, is insufficient as a stand-alone sharing agreement because they lack an underlying exclusive property right. Additionally, the research evaluates the ESS's internal data policies alongside broader European regulatory mandates, emphasising the need to align with the Findable, Accessible, Interoperable, and Reusable (FAIR) principles for open data.
Ultimately, the thesis concludes that establishing a model of contractual data stewardship provides the most legal certainty. It recommends entering into two independent data-sharing agreements under contract law. The first is a standardised agreement designed to facilitate open-access data sharing, while the second requires a bespoke design on a case-by-case basis for data containing more sensitive information.}},
author = {{Friberg, Nils}},
language = {{eng}},
note = {{Student Paper}},
title = {{Data Sharing at the European Spallation Source - Theoretical Legal Framework for Data Sharing at the European Spallation Source: Establishing Best Practice for Open Access Data}},
year = {{2026}},
}