The Data License Agreement is essential for organizations in Malaysia engaging in data sharing or commercialization activities. This document is particularly crucial given Malaysia's comprehensive data protection framework under the Personal Data Protection Act 2010 and related regulations. It is used when one party (the licensor) wishes to grant another party (the licensee) rights to use specific data sets while maintaining control over the data's usage and ensuring regulatory compliance. The agreement covers critical aspects such as data security measures, usage restrictions, commercial terms, and compliance obligations. It is especially relevant in the current digital economy where data sharing and monetization are becoming increasingly important for business operations and innovation. The document should be customized based on the nature of data being licensed, intended use, and specific industry requirements while ensuring alignment with Malaysian legal standards.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, nature of the data, and purpose of the licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms related to the data
4. Grant of License: Scope of the license, including permitted uses, restrictions, and whether the license is exclusive or non-exclusive
5. License Fees and Payment Terms: Financial terms, payment schedule, and any usage-based fee calculations
6. Data Delivery and Format: Specifications for how the data will be delivered, including format, frequency, and technical requirements
7. Data Protection and Security: Obligations regarding data security, compliance with PDPA 2010, and data handling requirements
8. Intellectual Property Rights: Ownership of IP, including derivative works and improvements
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Warranties and Representations: Warranties regarding data quality, accuracy, and compliance with laws
11. Limitation of Liability: Limitations on liability and indemnification provisions
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Post-Termination Obligations: Requirements after agreement ends, including data deletion or return
14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices
1. Data Updates and Maintenance: Include when the license involves ongoing data updates or maintenance services
2. Sub-licensing Rights: Include when the licensee is permitted to sub-license the data to third parties
3. Territory Restrictions: Include when the license is restricted to specific geographic regions
4. Performance Requirements: Include when there are specific service levels or performance metrics for data delivery
5. Audit Rights: Include when the licensor requires rights to audit the licensee's use of the data
6. Data Migration: Include when specific provisions are needed for transferring data between systems
7. Training and Support: Include when the agreement includes training or technical support services
8. Insurance Requirements: Include when specific insurance coverage is required for data-related risks
1. Schedule 1 - Licensed Data Description: Detailed technical specifications of the licensed data, including field descriptions and formats
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, usage charges, and payment terms
3. Schedule 3 - Service Levels: Technical performance requirements and service level agreements
4. Schedule 4 - Security Requirements: Specific security protocols and requirements for data handling
5. Schedule 5 - Approved Sub-licensees: List of approved sub-licensees if sub-licensing is permitted
6. Appendix A - Data Protection Impact Assessment: Assessment of data protection risks and mitigation measures
7. Appendix B - Technical Integration Specifications: Technical details for data integration and system requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
E-commerce
Telecommunications
Market Research
Manufacturing
Education
Professional Services
Real Estate
Insurance
Retail
Analytics and Data Services
Artificial Intelligence and Machine Learning
Research and Development
Relevant Teams
Legal
Compliance
Information Technology
Data Governance
Information Security
Privacy
Commercial
Risk Management
Business Development
Operations
Digital Innovation
Corporate Strategy
Procurement
Research and Development
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Manager
Compliance Officer
Information Security Manager
Chief Technology Officer
Data Architect
Commercial Director
Risk Manager
IT Director
Business Development Manager
Contract Manager
Chief Information Officer
Data Governance Manager
Innovation Director
Digital Transformation Lead
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