Data Licence Agreement

Data Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Data Licence Agreement to allow a financial analytics company to access and process our market trading data for a 3-year term starting January 2025, with strict confidentiality provisions and compliance with UK financial services regulations."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services
Technology
Healthcare
Retail
Research

Relevant Teams

Legal
Information Technology
Data Governance
Commercial
Information Security
Compliance
Privacy

Relevant Roles

Chief Data Officer
Data Protection Officer
Chief Technology Officer
Legal Counsel
Commercial Director
Data Manager
Privacy Officer
Compliance Manager

Industries

UK GDPR: The UK General Data Protection Regulation - Primary legislation governing the processing and protection of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside and supplementing the UK GDPR

PECR: Privacy and Electronic Communications Regulations - Specific rules for electronic communications, marketing, and cookies

Copyright, Designs and Patents Act 1988: Main UK legislation protecting intellectual property rights including copyright in databases and other data compilations

Database Right Regulations 1997: Regulations providing specific protection for databases, including sui generis database rights

Trade Marks Act 1994: Legislation governing trademark protection which may be relevant if licensed data includes branded elements

English Common Law Contract Principles: Fundamental principles of contract formation, interpretation and enforcement under English law

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly regarding limitation of liability

Consumer Rights Act 2015: Key consumer protection legislation applicable if the data license involves B2C relationships

Financial Services and Markets Act 2000: Regulatory framework for financial services, relevant if licensing financial data

Health and Social Care Act 2012: Legislation governing healthcare data handling and sharing in the UK

Freedom of Information Act 2000: Legislation governing public access to information held by public authorities

International Data Transfer Requirements: Including International Data Transfer Agreement (IDTA) and UK Addendum to EU SCCs for international data flows

Competition Act 1998: Primary UK competition law legislation, relevant for data licensing arrangements that might affect market competition

Enterprise Act 2002: Additional competition law framework including merger control provisions

NIS Regulations 2018: Network and Information Systems Regulations governing cybersecurity requirements for essential services and digital providers

Telecommunications (Security) Act 2021: Legislation setting out security requirements for telecommunications networks and services

ICO Guidance: Regulatory guidance from the Information Commissioner's Office on data protection and privacy matters

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