Commercial data projects can engage the Data Act, database rights, trade secrets, confidentiality and GDPR simultaneously. Access to data is not equivalent to ownership of all rights in the data. Connected-product data and cloud switching raise different obligations. Database copyright and the sui generis database right have separate conditions and should not be assumed to cover every dataset.
How we approach the matter
We map sources, contractual restrictions and the parties entitled to request or use data. Sharing agreements should specify purposes, access methods, security, onward disclosure and remedies. Trade-secret safeguards must be workable without becoming an unjustified barrier to mandatory access. Personal data still requires an appropriate data-protection basis.
Aligning contracts with the technical service
Read the main agreement together with its specification, service levels, security schedules and data-processing terms. Define what the supplier must deliver, how performance is measured and which dependencies remain with the customer. Conflicting documents can make an otherwise clear commitment difficult to enforce. Contractual allocation of tasks also needs to respect any statutory duties that remain with the relevant party.
Disruption, change and exit
Prepare for more than normal operation. The contract should address changes, incidents, unavailable services and an orderly end to the relationship. Practical arrangements include contact points, access to necessary records, export formats and transition assistance. Before termination or migration, assess technical dependencies and preserve relevant evidence. A recovery plan and an exit plan serve different purposes and should both be workable for the actual service.
Four practical examples
The following scenarios illustrate typical legal questions. They are not descriptions of client mandates or promised outcomes.
Connected product
A business user requests data generated by connected equipment. We assess scope, the parties’ roles and a secure access process.
Database extraction
A competitor copies substantial portions of a commercial directory. We investigate the investment, extraction pattern and available claims.
Data-sharing deal
Two companies plan a joint analytics service. We define permitted uses, confidentiality and safeguards for personal information.
Cloud export
A customer requests data needed to switch platforms. We distinguish exportable data from protected supplier assets and assess transition terms.
Preparing your enquiry
A short description of the project or dispute, the parties involved, relevant countries and any deadline helps us identify the next step. Preserve the relevant contract, publication or technical records. Please avoid sending highly sensitive material until a suitable communication channel has been agreed.
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