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Data License Agreement for India

Data License Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for licensing data between parties. This document outlines the rights and obligations of both the data provider and recipient, including usage permissions, restrictions, data protection requirements, and compliance with Indian IT and data protection regulations. It addresses key aspects such as data security, confidentiality, liability limitations, and commercial terms while ensuring adherence to Indian legal requirements including the Information Technology Act, 2000 and relevant data protection rules.

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Data License Agreement

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What is a Data License Agreement?

The Data License Agreement serves as a crucial legal instrument for organizations engaging in data sharing or commercialization within the Indian legal framework. This document is essential when one party (the licensor) grants another party (the licensee) rights to access, use, or process specific data sets while maintaining ownership and control over the data. It becomes particularly relevant in scenarios involving commercial data sharing, database access, or data monetization. The agreement must comply with Indian regulations, particularly the Information Technology Act, 2000, and associated data protection rules, while addressing concerns about data security, privacy, and intellectual property rights. This document type is increasingly important as organizations across sectors rely more heavily on data-driven decision making and operations.

What sections should be included in a Data License Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, nature of the data, and general purpose of the license

3. Definitions: Definitions of key terms including Licensed Data, Permitted Purpose, Authorized Users, etc.

4. License Grant: Scope of the license, permitted uses, and any territorial restrictions

5. License Fees and Payment Terms: Financial terms, payment schedule, and invoicing requirements

6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements

7. Data Protection and Security: Obligations regarding data security, privacy protection, and compliance with Indian data protection laws

8. Confidentiality: Provisions for maintaining confidentiality of the data and other proprietary information

9. Representations and Warranties: Warranties regarding data quality, accuracy, and rights to license

10. Limitation of Liability: Limitations on liability and provisions for indemnification

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Post-Termination Obligations: Requirements after agreement ends, including data deletion or return

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

What sections are optional to include in a Data License Agreement?

1. Audit Rights: Rights to audit licensee's use of data, recommended for high-value or sensitive data licenses

2. Data Updates: Terms for providing updates to the licensed data, if applicable

3. Sub-licensing Rights: Terms permitting or prohibiting sub-licensing, if relevant to the business model

4. Service Levels: Service level commitments for data availability and quality, relevant for real-time or API-based data access

5. Export Control: Provisions regarding export control compliance, necessary for international data transfers

6. Disaster Recovery: Requirements for backup and disaster recovery, important for business-critical data

7. Change Control: Process for managing changes to data format or delivery mechanisms

8. Competition Restrictions: Non-compete or market restrictions, if necessary and compliant with competition law

What schedules should be included in a Data License Agreement?

1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including fields, format, and specifications

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods

3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, API requirements, or interface specifications

4. Schedule 4 - Security Requirements: Detailed security protocols and requirements for data handling

5. Schedule 5 - Service Levels: Detailed service level agreements and metrics, if applicable

6. Appendix A - Authorized Users: List of authorized users or user categories permitted to access the data

7. Appendix B - Permitted Purpose: Detailed description of permitted uses and use cases for the licensed data

8. Appendix C - Data Processing Requirements: Specific requirements for data processing in compliance with Indian law

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions

























































Clauses







































Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Market Research

Telecommunications

Manufacturing

Education

Real Estate

Insurance

Banking

Pharmaceuticals

Retail

Agriculture

Transportation

Energy

Relevant Teams

Legal

Compliance

Information Technology

Data Analytics

Information Security

Privacy

Commercial

Risk Management

Business Development

Procurement

Data Governance

Business Intelligence

Research and Development

Operations

Strategy

Relevant Roles

Chief Data Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Chief Technology Officer

Data Analytics Manager

Information Security Manager

Privacy Officer

Business Development Manager

Contract Manager

Chief Information Officer

Data Governance Manager

Commercial Director

Risk Manager

IT Director

Database Administrator

Chief Legal Officer

Data Scientist

Business Intelligence Manager

Procurement Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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