The perceived need and potential impact of Article 35, on database protection and data portability, in the proposed EU Data Act

Abstract: After the proposed EU Data Act was released in February this year, the facilitation of data sharing was emphasized, which might bring many aspects of impact. In particular, the implications for data portability and database protection. The purpose of this thesis is to describe and analyze the intersection between the EU sui generis database right and the EU right to data portability, and to which extent Art.35 in the proposed EU Data Act might have an impact on these two rights. This thesis concludes that the proposed EU Data Act might extend the scope of application of the EU right to data portability and release some certain data from the EU sui generis database right. But this thesis does not consider these implications to be black or white. It hopefully draws more attention to the intersections of these two rights.