The Data Licence Agreement serves as a crucial legal framework for organizations seeking to formalize the sharing, use, and commercialization of data assets under Irish law. This document is essential when one party wishes to grant another party access to and usage rights for specific data sets, databases, or data feeds, while maintaining control over the data's use and ensuring compliance with relevant regulations. The agreement is particularly relevant in Ireland's dynamic technology sector and must comply with both Irish national law and EU regulations, including GDPR. It typically includes detailed provisions on permitted uses, data protection measures, service levels, and commercial terms. The Data Licence should be used whenever valuable or sensitive data is being shared between organizations, whether for commercial, research, or operational purposes, and requires careful consideration of data protection, intellectual property rights, and confidentiality obligations.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, nature of the data, and general purpose of the licence
3. Definitions: Defined terms including 'Data', 'Intellectual Property Rights', 'Permitted Purpose', 'Confidential Information', and other key terms
4. Grant of Licence: Scope of the licence, permitted uses, and any territorial or time limitations
5. Licence Fees: Payment terms, fee structure, and payment schedule
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements
7. Data Protection and Security: GDPR compliance measures, security requirements, and data protection obligations
8. Warranties and Representations: Warranties regarding data quality, accuracy, and rights to license
9. Intellectual Property Rights: Ownership of IP, including derivative works and improvements
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of the licence and circumstances for termination
12. Post-Termination Obligations: Requirements after agreement ends, including data deletion or return
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Audit Rights: Rights to audit licensee's use of data - include when licensing sensitive or high-value data
2. Data Updates: Terms for providing updated data sets - include when regular updates are part of the service
3. Sub-licensing Rights: Terms for allowing licensee to sub-license data - include when sub-licensing is permitted
4. Service Levels: Performance standards for data delivery - include when continuous data access is required
5. Data Quality Standards: Specific quality metrics and remedies - include for critical data applications
6. Cross-Border Data Transfers: Provisions for international data transfers - include when data will cross borders
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when licensing to competitors
8. Open Source Obligations: Requirements related to open source elements - include when relevant to the licensed data
1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including format, fields, and specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of licence fees, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, access methods, and security protocols
4. Schedule 4 - Service Levels: Detailed service level agreements including availability and support
5. Schedule 5 - Data Protection Requirements: Specific data protection and security requirements, including any required certifications
6. Appendix A - Approved Sub-processors: List of approved sub-processors for data handling (if applicable)
7. Appendix B - Standard Contractual Clauses: EU Standard Contractual Clauses for international data transfers if required
8. Appendix C - Data Processing Agreement: Detailed data processing terms to ensure GDPR compliance where applicable
Authors
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Relevant Industries
Technology
Financial Services
Healthcare
Research & Development
Education
Market Research
Telecommunications
Pharmaceutical
Manufacturing
Retail
Professional Services
Public Sector
Media & Entertainment
Insurance
Real Estate
Relevant Teams
Legal
Compliance
Information Technology
Data Protection
Information Security
Commercial
Risk Management
Research and Development
Business Development
Data Science
Privacy
Intellectual Property
Operations
Technical Operations
Product Development
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Manager
Commercial Director
Chief Technology Officer
Information Security Manager
Compliance Officer
Data Scientist
Business Development Manager
Contract Manager
Risk Manager
Technical Director
Chief Information Officer
Database Administrator
Data Governance Manager
Intellectual Property Counsel
Privacy Counsel
Commercial Manager
Technology Licensing Manager
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