Database Rights & GDPR

Post-EU what issues are there that affect our databases? What about the data we collect on people within the EU who are protected by GDPR? In this session, we were joined by two leading experts - Estelle Derclaye, Professor of Intellectual Property Law at the University of Nottingham and Robert Lands, Legal Partner and Head of the IP & Commercial team, Howard Kennedy - who explained why database and data collection are important to consider, whether as sole traders, freelancers or SMEs.

The first part of the webinar will covered Database Rights:

UK database owners are not eligible to hold database rights in the EU for databases created after 1 January 2021. This means that for example businesses setting up new websites now need to consider alternative means of protection in the EU, such as licensing agreements or copyright.

We discussed possible competitor reconstruction, as well as Text and Data Mining, Public Domain works, and the challenges trans-border issues bring.

The second part covered Data Collection & GDPR:

A GDPR case in Ireland, known as Schrems II, affects data obligations for any of us dealing with personal information of living people in the EU. If you have EU contacts, clients, staff or information on people featured in photos, then how do EU rules apply? We’ll discuss what needs to be considered when receiving, storing and transferring data on EU citizens. What obligations do we really have as a third country?  What do we need to consider now the US privacy shield is no longer valid, and does it affect us?


Professor Estelle Derclaye

Estelle Derclaye is Professor of Intellectual Property Law at the University of Nottingham.

She is the author and editor of several books and over 100 articles in the field of IP law and has done expert work for the UK Intellectual Property Office, the European Commission (including in 2018 the study in support of the review of the database directive) and national and foreign law firms. She was a senior visiting scholar at the University of California, Berkeley in 2010 and at Melbourne Law School in 2013 and a visiting professor at the National University of Singapore in 2015.

Her main areas of research are copyright and designs, database protection, intellectual property overlaps, intellectual property and climate change, and intellectual property and well-being.  She is a president-elect of the European Copyright Society, a group of academics aiming to influence policy-making. A full biography and the list of her publications can be found here.


Robert Lands

Robert Lands is an intellectual property, data protection, and commercial contracts specialist with over 20 years of experience. He is Head of the IP & Commercial team at Howard Kennedy.

Robert is a Partner advising a number of brands, technology, art, entertainment, fashion and retail clients. He works closely with creative industries in particular on intellectual property matters, including copyright, trade marks, design rights, database rights, and domain names.

Through his thorough understanding of GDPR, he supports clients to navigate data protection laws.

Clients additionally call on Robert to assist with commercial contracts such as franchise agreements and IT contracts, and with related commercial work including advising on advertising and sales promotions.

Robert is a voting member of the British Academy of Film and Television Arts.

He is also Worldwide Chair of the Intellectual Property Section of Meritas, the global alliance of independent law firms.

When: Thursday 11 March at 16:30
Where: Zoom

Have we thought about data post-EU?