Database rights and data for the purposes of the Data Protection Act 1998 (and Data Protection Directive 95/46/EC) can often be mutually exclusive subject areas. Essentially database compilations and the data comprised in such databases is another species of intellectual property and frequently protected in parallel with copyright law. This includes the way in which a database is compiled and not just the data contained therein. Therefore the architecture and construction of a database where there has been a substantial investment of financial, labour or technical resource.
If you require advice concerning database rights, we can help. Our IP team has years of experience and are on hand to help you.
Protecting your data
Data protection is an all-pervading aspect of European law that is has an effect on a day to day basis. From dictating how an organisation can use personal data or how a business stores customer data, you cannot avoid it.
Unfortunately it is often misunderstood, and can sometimes be used by professionals to avoid a difficult conversation. However, used correctly it can protect our data and how it is used. We can help you get to grips with data protection and use it effectively to your advantage.
The Data Protection Act controls how you are allowed to use the personal data your business accrues. Everyone responsible for using data has to follow strict rules called data protection principles. The information must be:
- used fairly and lawfully
- used for limited, specifically stated purpose
- used in a way that is adequate relevant and not excessive
- kept for no longer than is absolutely necessary
- handled according to people's data protection rights
- kept safe and secure
- not transferred outside the UK without protection
For all business related to data protection please contact our Commercial team. There is stronger legal protection for senstive data which we can advise you on.
Transferring data outside Europe
Businesses increasingly operate on an international basis and SME's increasingly use cloud and other technologies to collect, store and use data across borders. This means personal information may often be transferred outside of the UK without the knowledge of approval of those individuals. European data protection legislation builds in a standard of protection for personal data that is transferred outside of Europe and companies must comply with this and the UK Data Protection Act.
If you need to address data protection issues when dealing with overseas business or suppliers, we can help to ensure your data is protected.