The Data License Agreement serves as a crucial legal framework for organizations in the Philippines that need to share, access, or monetize data assets while maintaining compliance with local regulations. This document is essential when one party wishes to grant another party the right to use specific data sets for defined purposes, whether commercial, research, or operational. The agreement must comply with the Philippine Data Privacy Act of 2012 and related regulations, making it particularly important for businesses handling personal data, proprietary information, or valuable datasets. It addresses key concerns such as data protection, usage rights, confidentiality, and liability, while incorporating specific requirements under Philippine law. The Data License Agreement is particularly relevant in today's digital economy where data sharing and utilization have become fundamental to business operations and innovation.
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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 and brief description of the data being licensed
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Data', 'Intellectual Property Rights', 'Confidential Information', etc.
4. License Grant: Scope of the license, including permitted uses, restrictions, and territory
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
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, and compliance with the Data Privacy Act
8. Representations and Warranties: Assurances about data quality, ownership, and compliance with laws
9. Intellectual Property Rights: Confirmation of ownership and rights in the data
10. Confidentiality: Obligations regarding the protection of confidential information
11. Fees and Payment: Financial terms including license fees and payment schedule
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Personal Data Processing: Additional provisions required when personal data is included in the licensed data set
2. Technical Support: Terms regarding technical support and maintenance if offered by the licensor
3. Data Updates: Provisions for updating or refreshing the licensed data if applicable
4. Audit Rights: Rights to audit the licensee's use of the data, if required
5. Sub-licensing Rights: Terms governing whether and how the licensee can sub-license the data
6. Export Control: Provisions regarding international data transfer restrictions
7. Disaster Recovery: Requirements for backup and recovery procedures for critical data
8. Insurance: Insurance requirements for data-related risks
1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including field descriptions and formats
2. Schedule 2 - Technical Specifications: Technical requirements for data delivery, storage, and processing
3. Schedule 3 - Service Levels: Performance metrics and service levels for data delivery and availability
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and payment terms
5. Schedule 5 - Security Requirements: Specific security protocols and requirements for handling the data
6. Appendix A - Data Processing Agreement: Mandatory when personal data is involved, detailing processing requirements under the Data Privacy Act
7. Appendix B - Authorized Users: List of authorized users or categories of users permitted to access the data
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Market Research
Telecommunications
E-commerce
Education
Manufacturing
Real Estate
Insurance
Government
Retail
Agriculture
Transportation
Energy
Relevant Teams
Legal
Information Technology
Data Science
Compliance
Information Security
Risk Management
Business Development
Research and Development
Operations
Privacy
Commercial
Data Management
Analytics
Strategy
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Officer
Commercial Director
IT Director
Chief Technology Officer
Data Scientist
Business Development Manager
Compliance Manager
Information Security Manager
Risk Manager
Database Administrator
Chief Information Officer
Contract Manager
Research Director
Data Analytics Manager
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