D4.1 Open Science in transport research: legal issues and fundamental principles

This deliverable outlines the essential legal issues in developing an adequate policy framework and touches upon the fundamental principles of the main areas of Open Science in transport research. As such, it constitutes an important groundwork for the Code of Conduct on Open Science in Transport, which will also be developed by the BE OPEN project. The deliverable first sets the analysis scope and explains the main legal issues and fundamental principles into the context that have been determined by surveys in other BE OPEN deliverables as well as during the engagement of the BE OPEN project and on basis of a literature review. Subsequently, it provides an easily accessible overview of important legal aspects for Open Science in transport research. The analysis of legal aspects serves to enable researchers and other stakeholders in transport research to determine legal issues and act appropriately. Furthermore, in assessing these legal issues in preparation for the code of conduct, the challenges and opportunities are discussed, focussing on how research data should be treated in order to comply with statutory obligations based on EU directives and regulations as well as in light of CJEU judgements. Lastly, the deliverable addresses non-legal issues to Open Science in transport research.