A Data License Agreement is essential for organizations seeking to formalize the terms under which data is shared, used, and protected. This document is particularly relevant in the New Zealand context, where the Privacy Act 2020 and other regulatory requirements create specific obligations for data handling and protection. The agreement is commonly used when valuable or sensitive data needs to be shared between organizations, whether for commercial, research, or operational purposes. It covers crucial aspects such as usage rights, restrictions, data quality, security measures, and compliance requirements. The document should be tailored to address specific types of data being licensed, intended uses, and any industry-specific requirements while ensuring alignment with New Zealand's legal framework for data protection and electronic transactions.
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1. Parties: Identification of the data licensor and licensee, including 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 'Data', 'Licensed Rights', 'Permitted Purpose', 'Authorized Users'
4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions
5. License Fees and Payment: Financial terms, payment schedule, and any usage-based fee calculations
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements
7. Privacy and Data Protection: Compliance with Privacy Act 2020 and data protection obligations
8. Security Requirements: Security measures required for data storage and transmission
9. Warranties and Representations: Warranties regarding data quality, accuracy, and rights to license
10. Limitation of Liability: Limitations and exclusions of liability under NZ law
11. Term and Termination: Duration of the agreement and termination rights
12. Post-Termination Obligations: Requirements for data deletion or return upon termination
13. General Provisions: Standard boilerplate clauses including governing law, disputes, and notices
1. Sub-licensing Rights: Include when the licensee is permitted to sub-license the data to third parties
2. Data Processing and Transformation: Include when the licensee is permitted to modify or transform the licensed data
3. Audit Rights: Include when the licensor requires rights to audit the licensee's use of the data
4. Service Levels: Include when specific service levels apply to data delivery or updates
5. Data Updates: Include when the agreement covers ongoing data updates or real-time data access
6. Export Controls: Include when the data is subject to export control regulations
7. Competing Products: Include when there are restrictions on developing competing products
8. Source Attribution: Include when the licensee must acknowledge the data source
1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including fields, format, and specifications
2. Schedule 2 - Fees and Payment Terms: Detailed breakdown of license fees, payment schedule, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, access methods, and integration requirements
4. Schedule 4 - Security Standards: Detailed security requirements and compliance standards
5. Schedule 5 - Service Levels: Detailed service levels and performance metrics if applicable
6. Appendix A - Authorized Users: List of authorized users or user categories if access is restricted
7. Appendix B - Permitted Purpose Examples: Examples and use cases of permitted data usage
8. Appendix C - Data Processing Requirements: Specific requirements for data processing and handling procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Research & Development
Government
Telecommunications
Retail
Manufacturing
Professional Services
Media & Entertainment
Insurance
Real Estate
Agriculture
Environmental Services
Relevant Teams
Legal
Compliance
Information Technology
Data Management
Information Security
Risk Management
Research & Development
Commercial Operations
Procurement
Business Development
Privacy Office
Information Management
Database Administration
Technical Operations
Relevant Roles
Chief Data Officer
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Data Manager
Information Security Manager
Chief Technology Officer
Business Development Manager
Contract Manager
Risk Manager
Data Scientist
Database Administrator
IT Director
Chief Information Officer
Research Director
Commercial Manager
Procurement Manager
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