A Data Licence Agreement is essential when one party wishes to grant another party rights to use, access, or process specific data sets. This agreement type is particularly relevant in today's data-driven economy, where data sharing and utilization need to be carefully controlled and protected. Under English and Welsh law, this agreement ensures compliance with UK GDPR, the Data Protection Act 2018, and other relevant legislation while protecting both parties' interests. It typically includes provisions for data usage, security measures, compliance requirements, and commercial terms.
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1. Parties: Details of the licensor and licensee, including registered addresses and company numbers
2. Background: Context of the agreement, nature of the data, and purpose of the licence
3. Definitions: Key terms used throughout the agreement including 'Data', 'Licensed Rights', 'Term', 'Territory'
4. Grant of Licence: Scope of the licence, permitted uses, and any restrictions
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Data Protection Obligations: Compliance with UK GDPR and Data Protection Act 2018
7. Intellectual Property Rights: Ownership and protection of IP rights in the data
8. Fees and Payment: Licence fees, payment terms, and review mechanisms
1. Service Levels: Standards for data delivery and availability when providing real-time or regular data feeds
2. International Transfer: Provisions for cross-border data transfers when data will be transferred outside the UK
3. Audit Rights: Rights to audit compliance with the agreement for high-value or sensitive data licences
4. Security Requirements: Specific security measures required for sensitive or regulated data
1. Data Description Schedule: Detailed description of the licensed data and its format
2. Technical Specifications Schedule: Technical requirements for data access and use
3. Fee Schedule: Detailed breakdown of fees and payment terms
4. Security Requirements Schedule: Detailed security measures and protocols
5. Data Processing Agreement: Required under GDPR if personal data is involved
6. Service Level Agreement: Detailed service levels and performance metrics
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