Undoubtedly, “online intermediation services” is an increasingly popular key term in Polish and EU legislation, which has recently been enriched with the Regulation of the European Parliament and of the Council on the single market for digital services (Digital Services Act) and amending Directive 2000/31/EC, which in this issue is of significant importance within the framework of the so-called new “Internet Constitution” created in the European Union as part of the Digital Single Market policy.
The term “intermediary services” can be colloquially understood as Internet services, in the form of a website, used to mediate between the entrepreneur and the consumer.
In the current legal status, from the perspective of copyright issues, Polish regulations do not provide for specific provisions on fair use in the form of text and data mining for commercial purposes. The Polish legislator is currently working on the implementation of Article 4 of Directive 2019/790 on copyright and related rights in the digital single market. The following article presents the legal definition and problems of understanding at the statutory level of the legal terms ‘text and data mining’ and the data mining techniques related to this process.
New important regulations for text and data mining, including data extraction for business and commercial purposes
Genesis
Legal issues related to broadly understood data and their use cause a lot of uncertainty in the area of legal definitions. This is due to the fact that the development of IT devices, as well as the entire data mining technology, in its practice of digital legal transactions, is ahead of legislative actions and the legal framework for a safe and legal data processing as part of technological progress. Undoubtedly, the above mechanisms significantly facilitate new technologies, such as data extraction, which can be defined as processing and combining existing data into useful information.
On 13 December 2022, the European Commission launched the process towards the adoption of an adequacy decision for the EU-U.S. Data Privacy Framework, which will foster safe trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in its Schrems II decision of July 2020.
The draft adequacy decision, which reflects the assessment by the Commission of the US legal framework and concludes that it provides comparable safeguards to those of the EU, has now been published and transmitted to the European Data Protection Board (EDPB) for its opinion. The draft decision concluded that the United States ensures an adequate level of protection for personal data transferred from the EU to US companies.
Key elements of the framework decision:
US companies will be able to join the EU-U.S. Data Privacy Framework by committing to comply with a detailed set of privacy obligations, for instance, the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected, and to ensure continuity of protection when personal data is shared with third parties.
EU citizens will benefit from several redress avenues if their personal data is handled in violation of the Framework, including free of charge before independent dispute resolution mechanisms and an arbitration panel.
Copyright to archival public photos and photos of museum collections.
Polish law shows the lack of dedicated comprehensive legal constructions as to the rules on which the image of museum collections can be used by web designers. This problem seems to be an interdisciplinary issue and subject to standard copyright protection rules, despite the fact that more and more often the deregulation of IP rights for the digitization of cultural entities encounters comprehensive solutions at the statutory level as part of the implementation of EU solutions. An example of recent legislation is the ongoing work at the Polish Government Legislation Center on a draft amendment to the Copyright Act by introducing a new Art. 262 in order to provide “cultural heritage institutions” with systemic deregulation tools, standard IP protection for the reproduction of works for the purpose of text and data mining for the purposes of scientific research, thus implementing Art. 3 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ EU L 130 of 17.05.2019, p. 92).
On December 12, 2022, the first industry meeting of POLISH TELEHEALTH ALLIANCE 2022 will take place in the building of the Warsaw Stock Exchange, where the most important entities operating on this market, together with representatives of public administration, will try to find an answer to the question of ‘Why telemedicine is not widely available in within the framework of benefits guaranteed in Poland’.
The event is a closed working conference, organized by the environment of telemedicine companies and addressed to entities from the telemedicine market. Among the organizers there are companies such as: Clebre, Medapp, Nestmedic, Pro-PLUS, Sidly, Telemedycyna Polska. During the event, participants will discuss patients’ access to telemedicine solutions, identify market blockers and work out joint actions with the Ministry of Health, the National Health Fund and the Medical Research Agency, aimed at market development and implementation.
