The first sale of a material copy of a database in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, by the rightholder or with his consent, exhausts the right to control the resale of that material copy in all Member States.
However, the online transmission of a database does not exhaust the right of the producer to control the resale in all Member States of a material copy of that database or part thereof.