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Project deliverable Open Access

D2.3: Open Science in the Nordics: Legal Insights

Lars Fischer; Per-Olov Hammargren; Francesca Iozzi; Pirjo Kontkanen; Troels Rasmussen

Legal frameworks have been identified as an area that needs to be considered when implementing the EOSC. EOSC aims to facilitate sharing of data and resources across Europe and realise the vision of FAIR data. To realise this, legal frameworks may need to be aligned, and potential legal barriers considered. This deliverable show that not only the legislation also but also institutional polices implemented to ensure legal conformance that is a barrier for implementing cross border data sharing.
To illustrate this, the delivery engages with a number of use cases developed in Work Package 5 of EOSC-Nordic. Representatives for the use cases have been interviewed to show and exemplify what kind of legal issues have been recognized and how aforementioned issues may affect sharing data across the borders. This deliverable is as such not a comprehensive legal review of national legislations but compliments other ongoing efforts regarding screening of existing legislation and regulatory issues.

Key findings of the study are:
• Legislation as such is not always a barrier for cross-border data sharing
• Organisations have restrictive policies for cross-border data sharing
• Support for tackling legal issues and processes to handle data from the beginning to enable cross-border data sharing is needed
This deliverable is the first of two deliverables from the EOSC-Nordic projects exploring the legal framework for open science in the Baltics and Nordics. The present deliverable presents analysis of the current state of play. A future deliverable will propose policy recommendations.
The deliverable is part of the Policies, legal issues and sustainability

This is the draft version of the deliverable not yet approved by the European Commission.
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