2. Determine whether your data can be protected
Data as such is not specifically protected. However, under certain conditions, it may benefit from protection under intellectual property law, or business secrecy law.
2.1 Data protection under intellectual property law
Data can be protected as such, from the moment it is created, by copyright, if it is an original work of the mind, i.e. a work bearing "the imprint of the personality of its author".
This could be the case for literary, artistic or scientific writings, photographs or drawings, audiovisual or musical works.
Sound and audiovisual elements can also benefit from the protection of related rights, giving performers and producers of phonograms and videograms the exclusive right to authorize the reproduction...
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Determine whether your data can be protected
Identify the protection regime for your databases
Regulations
Loi n° 98-536 du 1 er juillet 1998 transposing Directive 96/9/EC of the European Parliament and of the Council of March 11, 1996 on the legal protection of databases into the Intellectual Property Code
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