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From the magazine SZW-RSDA 4/2020 | p. 393-418 The following page is 393

Big Data and the Law: a holistic analysis based on a three-step approach – Mapping property-like rights, their exceptions and licensing practices

Given Big Data’s increasing importance, it seems important to develop a clear and coherent body of law and to organize the different relationships among all stakeholders and legal regimes that grant different property-like rights. There are already numerous studies on the interactions between Big Data and intellectual property and/or privacy, but less that map all legal regimes, including the question of licensing and overlaps between legal regimes. In a first part specifically addressed to data producers or data users active in Big Data (collectively referred to as “organizations”), this article suggests a holistic approach, where we map all legal regimes from a comparative law perspective and suggest a three-step approach, according to which each organization needs to assess whether a given data is subject to a property right; if yes, whether that relevant data may be used thanks to exceptions or other flexibilities notwithstanding the property right and, if not, how to license them…

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