Data Use and Data Sharing - Castrén & Snellman

Data Use and Data Sharing

Digital and data legislation is developing rapidly, establishing rights and obligations for those creating and using data. We can help you align your operations with regulatory requirements and advise you on how to make the most of the opportunities presented.

When using and sharing data, it is important to identify the types of data used and shared and the rights and restrictions involved. Detailed agreements are key when data is collected, analysed, stored and transferred, or used for various purposes and shared between operators. The agreements must be in line with business objectives and the special characteristics of data utilisation in different fields.

High-quality and accessible data gives companies a significant competitive advantage and a tool for creating value. We have helped clients in various fields to use and share data appropriately while comprehensively accounting for regulatory issues that, in addition to digital and data regulation, such as the requirements of the Data Act and the Data Governance Act.

Data use and data sharing may also include aspects of competition law. As our client, you will also have the support of our competition lawyers in data issues.

Latest references

LähiTapiola and OP Henkivakuutus – Successful representation of insurance companies in Supreme Administrative Court health data processing cases

We successfully represented insurance companies LähiTapiola and OP Henkivakuutus in two cases concerning an important point of principle: the right of insurance companies to process health data as part of the insurance application process. The Supreme Administrative Court handed down twin decisions ( one published as precedent ) addressing the matter in light of contrary DPA decisions. Under the Finnish Data Protection Act, insurance companies may, to simplify, process health data concerning “insured persons” (vakuutettu, försäkrad) to determine liability under the insurance. This rule constitutes an exception to Article 9 GDPR. At issue was whether the term “insured person” also covers people in the process of obtaining insurance coverage or only people who are already covered. In more practical terms: can an insurance company rely on the rule when considering whether/how to grant the insurance in the first place? The SAC answered in the affirmative and thus upheld the traditional industry approach over the DPA’s contrary view. The SAC noted that the Data Protection Act did not define the term “insured person” and thus looked at insurance legislation for guidance. As argued by the insurance companies, that legislation also uses the term in the context of describing the insured person’s pre-contractual informational obligations. Thus, and in view of the underlying purpose of the rule at issue, the SAC found that an “insured person” could be someone in the process of obtaining coverage, not just a person already covered. The outcome clarifies the scope of the local rule at the insurance application stage for the Finnish insurance industry.

Fingrid – Ilmarinen’s sale of shares to the Finnish State and OP Pohjola Kantaverkko

We advise Fingrid Oyj in a transaction in which Ilmarinen Mutual Pension Insurance Company is selling its holding of approximately 20 per cent of the shares in Fingrid to the Finnish State and OP Pohjola Kantaverkko Holding Ky. Fingrid owns Finland’s main electricity transmission grid and all significant cross-border transmission connections. The main grid is the backbone of the electricity transmission network, to which major power plants, industrial plants and regional electricity distribution networks are connected.

Metsäkonepalvelu – Acquisition of PJP Metsäexpertit

We advised Metsäkonepalvelu Oy in its acquisition of the entire share capital of PJP Metsäexpertit Oy. PJP Metsäexpertit is a Pirkanmaa-based company specialising in forest management and logging. The acquisition will strengthen Metsäkonepalvelu’s operations, particularly in the Pirkanmaa region, and expand its operations. Metsäkonepalvelu is a portfolio company of A. Ahlström Oy, a Finnish family-owned industrial owner. Metsäkonepalvelu provides mechanical timber harvesting services to forest companies, large private forest owners, and the public sector in Finland and Sweden. Metsäkonepalvelu Group employs nearly two hundred forestry professionals.

EcoUp – Directed share issue

We acted as legal adviser to EcoUp Oyj in a directed share issue, through which EcoUp raised a total of approximately EUR 3 million in gross proceeds to strengthen the company’s capital structure and finance its growth. The share issue was directed to a limited group of domestic investors, deviating from the shareholders’ pre-emptive subscription right. EcoUp’s shares are traded on the First North Growth Market Finland marketplace maintained by Nasdaq Helsinki. EcoUp promotes the green transition of the construction industry by producing carbon-neutral, energy-efficient and circular economy-based materials, services and technologies that help construction industry players reduce their environmental impact. The company has over 40 years of experience in developing and delivering circular economy solutions to customers.

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