How and why the EU’s Data Act will have an impact beyond European borders | Comment | Encompass

"A detail of the Data Act resonates with us deeply: We strongly support the clarification in Article 35 that the existing sui generis database right (EU Database Directive 96/9/EC) does not apply to machine-generated data. We believe that there is no evidence that the sui generis right fosters innovation or enhances competition, but rather that it creates an enclosure of the information commons and hinders open access efforts. Our firm view is that the EC should not introduce new exclusive rights over data; should repeal the sui generis database right and withdraw the right for future cases; and should improve access to and use of protected databases. CC thus supports Article 35 of the Data Act, which clarifies that the sui generis database right does not apply to machine-generated data, like data from the internet of things (IoT) or data generated by connected products...."