Tatiana Eleni Synodinou
This chapter provides a critical analysis of the main legal questions in relation to database sui generis protection as a means of regulating the exploitation and dissemination of information assets in the digital economy. It also discusses how this regime interacts with other means or layers of database protection, namely protection by means of contract law and unfair competition law. The chapter is divided into two main parts. In the first part, the rationale and the conceptual pillars of the sui generis regime are examined. At the same time, the inefficiencies of the sui generis regime are highlighted, with emphasis on its application to new technological changes and the data driven economy. The second part is dedicated to the analysis of the protection of databases by contract law and unfair competition law and the possible overlap of the sui generis regime with those alternative or complementary forms of protection.
Nearly fifteen years ago and since the adoption of the E-commerce Directive the issue of the intermediaries’ liability in Europe appeared to have been settled up by the creation of a ‘safe harbour’ regime, inspired by the American model. This chapter focuses on two recent jurisprudential interpretations on the question of intermediaries’ liability: the CJEU’s Telekabel judgment and the Judgment of ECtHR in the case Delfi v Estonia. The author analyses these evolutions and points out that the intermediaries’ asylum is in fact much less absolute than it looks. The chapter also demonstrates that the intermediaries’ safe harbour will have to deal with the respect of human rights that could open new horizons to the development of the regulation of the intermediaries’ liability.