Researchers, businesses and society in general have an interest in the widest possible access to non-personal data from private companies and organisations. As such, the Federal Council commissioned the IPI to draw up a report on access to non-personal data in the private sector.
The mandate entrusted to the IPI falls within the framework of the digitisation of society and the economy. Data, which now plays a central role in everyday life and in new business models, is opening up new fields of research and is crucial for the development of artificial intelligence. While the use of data is not, per se, a new phenomenon, the volume of data now being generated and processed, as well as what it is being used for does constitute a paradigm shift.
The IPI commissioned various specialised stakeholders to carry out several analyses: two economic analyses, one analysis examining the legal framework for non-personal data, two analyses on non-voluntary access to non-personal data (i.e. compulsory licensing) and the last on voluntary access (i.e. open data and shared data). A specialist law firm, id est avocats Sàrl, also drafted standardised model agreements, which are available below. The four analyses, which have been completed and are in the hands of the IPI, serve as the basis for the report to be submitted to the Federal Council in the spring of 2021.
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