Project deliverable Open Access
Pierre Dewitte; Aleksandra Kuczerawy; Viltė Kristina Steponėnaitė; Eleftherios Chelioudakis; Peggy Valcke
Deliverable D1.4 updates deliverable D1.1 “Legal taxonomy of datasets” (submitted in M4) and clarifies 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 an updated 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 and contributes to updating and clarifying the legal requirements (D1.2) guiding the development of the CUTLER innovations. Rather than starting from scratch, D1.4 is a consolidated version of D1.1 and aims to provide CUTLER partners with a comprehensive taxonomy without the need to cross-read D1.1 and D1.4. In that sense, it complements the first taxonomy with the legislative developments that have happened after M4 (submission of D1.1), up until M22 (submission of D1.4). Additionally, Annex 1 contains the model consent form that will be used in the context of the quality- and feature-based questionnaires.
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 (Regulation 2018/1807);
- Electronic communications data (Proposal for an ePrivacy Regulation);
- Copyrighted data (Directive 2001/29 and Directive 2019/790);
- Data protected by the sui generis right on databases (Directive 96/9 and Directive 2019/790);
- Data protected by trade secrets (Directive 2016/943);
- Public sector information (Directive 2003/98 and Directive 2019/1024);
- Environmental information (Directive 2003/4);
- Spatial data (Directive 2007/2);
- Data obtained through a contract (API T&C’s).