In our response to the public consultation on the future EU Data Act, ACCIS describes the data sharing activity of CRAs. Regarding the most relevant elements to increase data sharing, ACCIS agrees with the basic idea that the party sharing data obtains a reasonable yield on investment and the party requesting access to data pays a reasonable fee. We also think that distinctions can be made depending on the type of data or the purpose of its use and that availability of standards for interoperability that would allow data sharing and exploitation at a low marginal cost (in terms of time and money) are important.
Regarding intellectual property (IP) rights (including the sui generis database right) and trade secrets, ACCIS thinks that these are very relevant for business-to-business sharing of data inasmuch they protect valuable data, allow to share data in a manner that ensures control on who will use it and for what purposes, and protect data from misappropriation and misuse. ACCIS thinks that the sui generis database right provided by the Database Directive (Directive 96/9/EC) has not created difficulties with its application and agrees therefore that an amendment of the Directive in that regard is not needed.