Creating Innovations within the Framework of Scientific and Industrial Consortia and Compliance with Data Protection Obligations

Abstract

One of the elements of building a competitive advantage is the development of innovations. With this objective in mind, market players cooperate with other businesses, but also with entities in the science sector, including research institutes and universities. One of the instruments used for this purpose is a consortium agreement, Such cooperation requires defining, first of all, issues related to intellectual property rights. Since personal data may be processed as part of such agreements, it is important to bring these processes in line with legal requirements under data protection laws, particularly the GDPR. The article analyzes first of all what personal data processing processes may be applicable in cooperation between science and business in the field of innovation, what roles in terms of personal data protection are played by the various entities and what obligations they entail, what special obligations in terms of personal data protection arise from the establishment of international consortia, including with entities from countries outside the European Economic Area, and are the rules that govern the responsibility of these entities for the fulfillment of their obligations under personal data protection regulations. Alignment of the collaborations carried out by consortium members with applicable legal requirements not only safeguards them legally, but also affects the economic and commercialization potential of the results generated in the course of such collaboration. These entities are thus seen as socially responsible, which fosters trust among science and business partners, public bodies, as well as customers benefiting from the innovations created.