This Data License Agreement template is designed for use under Dutch law when one party (the Licensor) wishes to grant another party (the Licensee) rights to use, process, or analyze specific datasets. The agreement is particularly relevant in the context of the Netherlands' robust data protection framework, which combines national legislation with EU regulations, especially the GDPR. It should be used whenever valuable or sensitive data is being shared, whether for commercial, research, or operational purposes. The document includes essential provisions for data protection, usage rights, technical specifications, and compliance requirements, while incorporating specific Dutch legal principles regarding contract formation and data rights. It is structured to accommodate various types of data transfers while ensuring compliance with both Dutch and EU regulatory requirements, making it suitable for both domestic and international data licensing arrangements.
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1. Parties: Identification and details of the data licensor and licensee
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the data being licensed
4. License Grant: Scope and nature of the license, including permitted uses, restrictions, and territorial limitations
5. License Fees: Payment terms, fee structure, and payment schedule for the data license
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements
7. Data Quality and Updates: Standards for data quality, accuracy, and provisions for updates or modifications
8. Use Restrictions: Specific limitations on data usage, prohibited activities, and any territorial restrictions
9. Intellectual Property Rights: Ownership of IP rights in the data and derived works
10. Confidentiality: Obligations regarding confidential information protection and handling
11. Data Protection and Security: Requirements for data security and compliance with relevant data protection laws
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Warranties and Indemnities: Warranties regarding data quality and ownership, indemnification provisions
14. Liability and Limitations: Limitations of liability and exclusions of certain types of damages
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Personal Data Processing: Additional terms for handling personal data when the licensed data includes personal information (required if GDPR applies)
2. Audit Rights: Provisions allowing the licensor to audit the licensee's use of the data
3. Joint Development: Terms governing any joint development or enhancement of the licensed data
4. Data Migration: Procedures for migrating data between systems or formats
5. Service Levels: Service level commitments for data availability and quality
6. Sub-licensing Rights: Terms governing the licensee's right to sub-license the data to third parties
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when dealing with market-sensitive data
8. Export Control: Provisions dealing with international data transfer restrictions
9. Disaster Recovery: Procedures for data recovery and business continuity
1. Schedule 1 - Licensed Data Description: Detailed technical specification of the licensed data, including format, fields, and structure
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Service Levels: Technical specifications for data delivery, availability, and quality metrics
4. Schedule 4 - Security Requirements: Detailed security protocols and requirements for data handling
5. Schedule 5 - Data Processing Requirements: Specific requirements for data processing, including any GDPR-related obligations
6. Appendix A - Technical Integration Guide: Technical documentation for data integration and usage
7. Appendix B - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed data
8. Appendix C - Contact Details: List of key contacts and escalation procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Research & Development
Market Research
Telecommunications
E-commerce
Manufacturing
Insurance
Real Estate
Education
Environmental Services
Transportation
Energy
Professional Services
Relevant Teams
Legal
Compliance
Information Technology
Data Science
Information Security
Risk Management
Business Development
Operations
Research & Development
Privacy
Commercial
Technical Operations
Database Administration
Corporate Development
Relevant Roles
Chief Legal Officer
Data Protection Officer
Privacy Counsel
Commercial Contract Manager
Chief Technology Officer
Data Manager
Information Security Officer
Compliance Manager
Chief Information Officer
Legal Counsel
Data Scientist
Business Development Manager
Risk Manager
IT Director
Database Administrator
Chief Data Officer
Privacy Manager
Intellectual Property Counsel
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