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Data License Agreement for New Zealand

Data License Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) the right to access, use, and potentially redistribute specific data sets. The agreement addresses key aspects including data usage rights, privacy compliance under the Privacy Act 2020, security requirements, commercial terms, and liability provisions. It includes specific provisions for data protection, quality assurance, and permitted uses, while ensuring compliance with New Zealand's regulatory framework for data handling and electronic transactions.

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What is a Data License Agreement?

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.

What sections should be included in a Data License Agreement?

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

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

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

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 - 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

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

New Zealand

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
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

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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