Open, but legally sound: What a new legal review reveals about the reuse of biodiversity data using the example of the Fish Species Atlas

The extensive datasets from the Fish Species Atlas of the German Society for Ichthyology (GfI) hold immense value for international research – but how can they be integrated into platforms like GBIF? A new legal review provides some answers.

Around 120,000 records of fish species from German inland and coastal waters are compiled in the Fish Species Atlas of the German Society for Ichthyology (GfI) – a collection that has grown over many years through scientific precision and strong voluntary commitment. In addition to expert observations and standardized surveys, many records stem from a citizen science initiative that also involved numerous students.

It’s a data trove that holds relevance far beyond national research. But what happens when data like this are not only shared within scientific communities, but made openly available – for instance, through the Global Biodiversity Information Facility (GBIF), a platform that offers access to more than three billion biodiversity records from around the world?

This was the central question of a legal review commissioned within the framework of NFDI4Biodiversity. The review set out to clarify the legal and ethical conditions under which the data from the GfI Fish Species Atlas may be published and reused internationally – and who has the authority to make those decisions.

What is permitted – and under what conditions

The review addresses key legal aspects, including copyright, database protection, data privacy, research ethics, and licensing. Its overall conclusion is encouraging: legally, there is nothing standing in the way of integrating the data into GBIF – provided that a few important conditions are met. Chief among them is obtaining consent from the voluntary contributors. In addition, the terms of use and privacy policy on the Atlas website must be revised accordingly.

A case with broader relevance

While the GfI Fish Species Atlas served as a concrete case study, the review is explicitly intended to have model character. It demonstrates how similar biodiversity data platforms can be connected to international infrastructures like GBIF in a legally sound way – and identifies common challenges along the way, from data ownership and licensing to the role of citizen contributors.

The findings are intended not only for the operators of the Atlas itself, but also as a practical guide for other biodiversity research projects navigating similar questions.

Why this matters for science

Incorporating the Fish Species Atlas data into GBIF would be a valuable gain for research. It would enable scientists to conduct large-scale analyses on species distribution and threat levels, assess the health of aquatic ecosystems, and track ecological changes linked to climate change.

Such data are also crucial for public administration and policy: for example, when designating protected areas or evaluating human impacts on freshwater habitats. Open access to biodiversity data increases transparency and traceability in research – making it easier to understand how, when, and where data were collected. That, in turn, is essential for planning effective conservation strategies that are evidence-based, targeted, and sustainable in the long term.

The legal review was conducted by Tom Grünberger of the Independent Institute for Environmental Issues (UFU). The German Society for Ichthyology (GfI) served as the main case study partner, providing both data and legal questions for review. The project was funded by the German Federation for Biological Data (GFBio).

Veröffentlichung und Nachnutzung von Artvorkommensdaten am Beispiel der Gesellschaft für Ichthyologie e.V. (Grünberger, Tom), 2025. Zenodo. https://zenodo.org/records/14975978