Intersection between the Right to Data Portability within the GDPR and the Sui Generis Database Right - Do the two rights interfere with the free flow of data generated from connected devices?

Abstract: The internet has brought about vast knowledge in the form of “data” to the 21st century. As a part of its digital single market strategy, the European commission has sought to develop a European data economy and consequently the regulation and allocation of data is becoming increasingly important. Both the General Data Protection Regulation (“GDPR”) and the Database Directive 96/9 (“DbD”) confer rights for certain people who have interest in relation to the data encoded in connected devices. In relation to the GDPR, the right is given to individuals whose personal data is processed and in regards to the DbD the right to exclude others from extracting part(s) of his or her investment made in his or her database. It has come to show that the two rights may not be adequate for the EU data-driven economy. The reason for the foregoing is that the two rights overlap or intersect where one can be used to bar the other, which may result in a segmented “data” landscape for the purposes of data aggregation, which is key for technological developments, artificial intelligence, machine learning and connected devices. The thesis focuses on describing, to what extent the intersection, if any, may lead to a segmented data driven economy and provides recommendations on possible amendments that can be made to mitigate the extent of “clash” of the two rights or alternatively the ways in which the intersection between the two rights may be legally bypassed.