D1.1 - Legal Taxonomy of Datasets
Creators: name: Dewitte, Pierre
name: Kuczerawy, Aleksandra
name: Valcke, Peggy
Publisher: name: Zenodo
Year: 2018
Subjects: Big data
legal taxonomy
privacy
data protection
personal data
GDPR
intellectual property
trade secret
open access regime
contractual regime
electronic communication data
environmental data
spatial data
social media

description: This document, the first Deliverable D1.1 in the CUTLER project, identifies the relevant EU legal frameworks applicable to the various environmental, economic and societal data that will be used by city pilots to extract actionable knowledge supporting efficient data-driven decision-making processes. More specifically, it provides a legal taxonomy supporting the adequate qualification of the relevant datasets on a granular level which, in turn, enables appropriate and effective application of legal rights and obligations. It also provides an overview of the relevant regulatory frameworks aiming at facilitating the identification of the applicable legislation by technical partners. <br> Given the project's focus on a broad range of datasets, the legal analysis includes an assessment of inter alia privacy and data protection (General Data Protection Regulation 2016/679/EU and the ePrivacy Directive 2002/58/EC, as well as the Turkish Data Protection Law no. 6698), public sector information re-use (PSI Re-use Directive 2013/37/EU), the relevant EU laws relating to Geo-Spatial Data (Access Directive 2003/4/EC and INSPIRE Directive 2007/2/EC) and Intellectual Property law issues (InfoSoc 2001/29 Directive, Database Directive 96/9/EC and Trade Secrets Directive 2016/943/EU). Deliverable D1.1 also examines the interplay between the notions of data protection and privacy as well as intellectual property law domains in terms of the restrictions on access to data. More specifically, this deliverable examines the legal frameworks applicable to the following categories of data: Personal data (Regulation 2016/679 and Turkish Data Protection Law no. 6698); Non-personal data (Proposal for a Regulation on the free flow of non-personal data); Electronic communications data (Proposal for an ePrivacy Regulation); Copyrighted data (Directive 2001/29); Data protected by the sui generis right on databases (Directive 96/9); Data protected by trade secrets (Directive 2016/943); Publicly held documents (Directive 2003/98); Environmental information (Directive 2003/4); Spatial data (Directive 2007/2); Data obtained through a contract (API T&amp;C‘s). The research will be necessary in the later stage of the project to provide detailed legal requirements guiding the development of the CUTLER innovations. It will be also used to provide guidance for the implementation of the CUTLER solutions for the four city pilots. At this time of the project lifetime, when technical details are not yet fully defined, it is not possible to provide specifically tailored recommendations for CUTLER. Application of the hereby described rules to CUTLER will be conducted in the later stage of the project (Legal requirements, guidelines and their implementation). As such, the findings of this Deliverable will be further substantiated and contextualised in Deliverable D1.2 ― Legal requirements.