Judgment No. 17157 of 2024 and the admissibility of database usage license agreements

The recent order No. 17157 of June 21, 2024, issued by the Court of Cassation, addresses a crucial issue in civil and commercial law: the validity and admissibility of proof of the conclusion of a database usage license agreement. This issue is of particular relevance to businesses and professionals in the sector, as it concerns the rights to use information and digital resources.

Context of the judgment

In the case in question, D. (D. P. G.) v. I., the Court of Milan had already expressed a clear position regarding the necessity of written formalities for the conclusion of such agreements. However, the Court of Cassation overturned this view, establishing that database usage license agreements are not subject to strict formal requirements. This ruling is based on a precise interpretation of the provisions of the Civil Code, particularly Articles 1322, 1350, and 2697.

Admissibility of presumptions as evidence

One of the most significant aspects of this judgment is the affirmation regarding the admissibility of presumptions to prove the conclusion of the agreement. In particular, the Court clarified that:

DEFINITION - ADMISSIBILITY In general. A database usage license agreement is not subject to strict formal requirements and, therefore, proof of its conclusion can also be provided through presumptions based on the actual performance of the obligations covered by the agreement itself.

This maxim highlights how proof of the conclusion of an agreement can be established not only through written documentation but also through concrete behaviors and actions that demonstrate the execution of the agreement itself. This represents an important opening for businesses, which often operate in a context where formalities can be an obstacle.

Implications for commercial law

The consequences of this judgment are manifold and deserve to be explored:

• Greater flexibility in concluding usage license agreements, fostering innovation and the use of digital resources.
• Possibility of using behaviors and customs as evidence in case of disputes, reducing the risk of legal controversies.
• Encouragement for the adoption of more agile business practices, in line with the needs of the contemporary market.

Judgment No. 17157 of 2024, therefore, represents a step forward in recognizing the necessary flexibility in modern commercial law, especially in an era where digital transactions are commonplace.

Conclusions

In conclusion, the order of the Court of Cassation No. 17157 of 2024 marks an important change in the regulation of database usage license agreements. With the possibility of proving the conclusion of the agreement through presumptions, the law better aligns with the dynamics of the current market, where speed and efficiency are fundamental. Companies and professionals must now consider these developments in their operational and legal strategy to successfully navigate an ever-evolving regulatory landscape.