Legal and Ethical Framework
This work package defines the legal and ethical frameworks for the provision, use and exploitation of industry and research data in a linkage of NFDI and Gaia-X. In the first phase of the project – up to December 2021 – the general legal framework will be elaborated. Above all, questions of intellectual property law and data protection law will be identified and clarified. In the second phase of the project – up to May 2024 – specific legal questions concerning developed use cases and demonstrators will be answered. This analysis will include the impact of current legislative projects, such as the EU Data Governance Act and the federal government’s data strategy (e.g., Data Use Act/E-Government). The analysis will also clarify the link between the linked NFDI and Gaia-X infrastructures and the other European data infrastructures in the area of research and health data processing. From an ethical point of view, the focus is on the problem of informed consent for personal data and on ethical issues that arise in the tensions related to data exchange between science and industry and the associated commercial use of personal data. The results from the work package will be made available as input for the formation of an ELSA training curriculum to support the ethical use of research data.