Database transactions and management

Protection for databases

A database can be protected in different ways:

  1. copyright can protect literary and artistic works including tables and compilations that form part of a database (literary copyright for tables and compilations was removed for databases by section 3(1)(a) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)), if they are original works

  2. copyright can protect the structure of a database under CDPA 1988, ss 33A which gave effect to Article 3 of Directive 96/9/EC on the legal protection of databases (EU Database Directive), if it is an original literary work. The test of originality is that there must be effort spent on the selection and arrangement of the data and sufficient judgement and skill exercised in the process to make the work the author's own intellectual creation

  3. the unique (sui generis) database right pursuant to the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032 which gave effect to Article 7 of the EU Database Directive can protect the data in the database if the database is the result of substantial investment

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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