Data Mining Under the Directive on Copyright and Related Rights in the Digital Single Market: Are European Database Protection Rules Still Threatening the Development of Artificial Intelligence?

Abstract

Abstract This paper explores how the existing European rules on the legal and contractual protection of databases limit the re-use of non-personal data by start-ups and SMEs for the purpose of developing artificial intelligence in the European Union. This analysis aims to determine whether the recent initiatives on data mining and data sharing are adequate to ensure an appropriate level of data re-usability for that purpose. In turn, this paper argues that additional reforms are needed to establish a more balanced European framework on the legal and contractual protection of databases. Therefore, it contemplates the introduction of data user rights, which would facilitate the access and re-use of non-personal data by the enterprises in question.