Article 43 Databases containing certain data

This brief but important article carves out an explicit exclusion from database protection law.

Specifically, it removes the application of the sui generis database right — a form of intellectual property protection established under the Database Directive (96/9/EC) — when data is obtained from or generated by a connected product or related service covered by this Regulation.

This directly reinforces the data access and sharing rights established in Articles 4 and 5, ensuring that database rights cannot be used as a tool to block or restrict those rights.

Important points:

• The sui generis database right does not apply to data obtained from or generated by connected products or related services within the scope of this Regulation.
• This exclusion is directly tied to Articles 4 and 5, meaning data holders cannot invoke database protection law to obstruct users or third parties from accessing data under those provisions.
• The exclusion applies regardless of whether the data holder would otherwise qualify as a database right holder under Directive 96/9/EC.