KOSOVO Law and Practice Contributed by: Ardian Rexha, Nora Grajcevci Mehmeti and Vjollca Hiseni, Rex Law Partners
• They are protected as works as long as the crea - tion, selection or arrangement of their contents represents an original intellectual creation. How - ever, copyright protection for databases is limited specifically to the structure or arrangement of the information and does not extend to the contents themselves, nor does it cover the software used to operate the database. • Pursuant to Article 78, a database creator who has made a substantial investment in gathering, verify - ing or presenting data has the right to prevent the extraction or re-utilisation of all or of substantial parts of those contents. This right is independent of copyright eligibility, which means the database can be protected under copyright for its structure as well as through the sui generis right for its con - tents. This right is protected for 15 years, calcu - lated from January 1 of the year following the date of completion or when it was made available to the public. Trade Secrets Trade secrets are protectable under Law No 08/L- 076 on the Protection of Trade Secrets, under which a trade secret is any information that is not generally or readily accessible within the circles that normally deal with the kind of information in question, has com - mercial value due to its secrecy and has been subject to reasonable steps by the person lawfully in control of the information to be kept secret. Protection is granted against the unauthorised acqui - sition (accessing or copying documents/files), use or disclosure of the secret, especially when it involves a breach of a confidentiality agreement or a duty to limit use. This protection ends if the information becomes gen - erally known or readily accessible over time, or if a court order is issued confirming that the secret does not meet legal requirements.
for data protection obligations. It is designed to be in compliance with the EU’s General Data Protection Regulation (EU) 2016/679 (GDPR). The competent authority for the supervision and implementation of this law is the Information and Privacy Agency. The LPPD applies to the processing of personal data by both public and private bodies (bar processing for purely personal purposes), including Kosovo’s diplomatic and consular offices abroad, as well as data controllers not established in Kosovo who use Kosovo-based equipment, automatic or otherwise, for processing purposes. Under the LPPD, a data controller is defined as any natural or legal person, public authority, agency or other body that, alone or jointly with others, deter - mines the purposes and means of personal data. When two or more controllers jointly determine the purposes and means of processing, they are consid - ered joint controllers. A data processor is defined as any natural or legal per - son from the public or private sector who processes personal data for and on behalf of a data controller. If a processor acts beyond its instructions and deter - mines the purposes and means of processing, they are legally considered to be a controller relative to those specific processing activities. Data processing is considered lawful only if at least one of the following bases applies:
• consent of the data subject; • performance of a contract; • compliance with a legal obligation; • protection of vital interests; • performance of a public task; or • legitimate interest. 8.2 Geographical Scope
The LPPD extends its scope to data controllers estab - lished outside of Kosovo if they use automatic or other equipment within the territory for the purpose of pro - cessing personal data, unless that equipment is used only for transit.
8. Data Protection 8.1 Applicable Regulations
Law No 06/L-082 on the Protection of Personal Data (LPPD) constitutes the relevant regulation in Kosovo
551 CHAMBERS.COM
Powered by FlippingBook