The Data Licence Agreement is a crucial legal instrument used in New Zealand when organizations need to formally establish terms for sharing, accessing, or utilizing data assets. This document is essential in today's data-driven economy where businesses increasingly rely on external data sources for operations, analytics, or service delivery. The agreement ensures compliance with New Zealand's Privacy Act 2020 and other relevant legislation while protecting both the data provider's intellectual property rights and the recipient's commercial interests. It is particularly relevant when dealing with valuable, sensitive, or regulated data sets, and can be customized to address specific industry requirements, cross-border considerations, and varying levels of data access and usage rights.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the data, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Data', 'Intellectual Property Rights', 'Permitted Purpose', etc.
4. Grant of Licence: Scope of the licence, including permitted uses, restrictions, and territory
5. Term and Termination: Duration of the licence, renewal terms, and circumstances for termination
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements
7. Fees and Payment: Financial terms, payment schedule, and any usage-based fees
8. Data Protection and Privacy: Obligations regarding data protection, privacy compliance, and security measures
9. Warranties and Representations: Warranties regarding data quality, accuracy, and ownership
10. Intellectual Property Rights: Confirmation of IP ownership and rights granted/retained
11. Confidentiality: Obligations regarding confidentiality of the data and agreement terms
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Data Security Standards: Detailed security requirements when dealing with sensitive or regulated data
2. Cross-Border Data Transfers: Additional provisions for international data transfers and compliance with foreign privacy laws
3. Service Levels: Specific performance metrics and standards for data delivery and availability
4. Audit Rights: Rights to audit data usage and compliance, typically included for sensitive data or regulatory requirements
5. Sub-licensing Rights: Terms governing the licensee's right to sub-license the data to third parties
6. Data Updates and Maintenance: Terms regarding ongoing data updates, maintenance, and quality assurance
7. Industry-Specific Compliance: Additional compliance requirements for specific industries (e.g., healthcare, financial services)
8. Change Control: Procedures for managing changes to data format, delivery, or usage terms
1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including fields, format, and specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, systems integration, and security requirements
4. Schedule 4 - Service Levels: Detailed service level agreements including availability, accuracy, and support
5. Schedule 5 - Permitted Purpose and Usage Restrictions: Detailed description of allowed uses and specific restrictions
6. Appendix A - Data Security Standards: Detailed security protocols and requirements
7. Appendix B - Privacy Compliance Requirements: Specific privacy compliance obligations and procedures
8. Appendix C - Change Request Form: Template for requesting changes to data specifications or usage terms
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Research and Development
Retail
Manufacturing
Government
Education
Telecommunications
Market Research
Real Estate
Insurance
Environmental Services
Professional Services
Media and Entertainment
Relevant Teams
Legal
Information Technology
Data Management
Compliance
Privacy
Information Security
Commercial
Risk Management
Procurement
Business Development
Research and Analytics
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Manager
Compliance Officer
IT Director
Data Architect
Commercial Manager
Risk Manager
Information Security Manager
Business Development Manager
Contract Manager
Data Scientist
Chief Technology Officer
Procurement Manager
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