Personal Data License Agreement

The issue of data “ownership” has been the subject of intense discussion in recent years. While the debate has focused on non-personal data, the ownership of personal data has also been the subject of particular attention. In the broadest sense, the term “personal data” includes all information relating to an identified or identifiable person (person concerned). [13] In other words, personal data is linked to a person because of its content, purpose or effect. [14] We respect and protect your privacy. The licensee will keep all data and information produced by the user in a strictly confidential manner (unless a user wishes to publish it) in accordance with applicable legislation. The licensee will exercise the same diligence to protect the information provided by the taker that the information provided by the licensee itself would be affected. In order to ensure compliance with applicable licensing conditions, each authorized item must be linked to its source and the specific conditions for which the data was collected. Unfortunately, data is often not tracked or the origin of the data is lost when the data is transmitted from one database or database to another. The danger, of course, is that the data will be used in a way and for purposes that are not taken into account by the license. This can result in licensing violations, data protection violations, intellectual property infringements and violations of the law. Although data protection laws do not govern data ownership, they do not attribute to any of the individuals involved the economic value generated by data processing.

[23] It is therefore more a question of fact than a legal one. The crucial question in this context is who holds the data, because de facto data control allows the data holder to generate revenue. Currently, most personal data is collected and held by companies that provide different services to individuals, or data agents, not by individuals involved. [24] Thus, although they do not have data in the legal sense, these companies may de facto be considered data owners (owners in the economic sense of the term). [25] [31] In the EU, the right to data portability under Article 20 of the RGPD gives the individual the right to receive certain categories of personal data about them in a structured, commonly used and machine-readable format, or, where possible, to have it transmitted directly by one company to another. If so, the data licensing agreement should also address the issue of exclusivity. Most data licensing agreements are not exclusive, as the donor has the same data rights as the licensee and data can also be granted to third parties. Less often, a licensee may require an exclusive license for data that grants the licensee only data rights that do not allow use or access by other parties, including the licensee. An individual license is another option. A licensee can apply for an exclusive license if he does not want the data to be granted to third parties, but allows the licensee to continue to access and use the data. If binding legislation prevents the subcontractor from preventing the return or destruction of personal data or a portion of the personal data transmitted, the subcontractor guarantees the confidentiality and processing of personal data in accordance with this privacy statement and no longer actively processes personal data. The person in charge of the processing is informed of this prevention of the deletion and/or destruction of personal data.

The data license must also determine who can use the licensed data. The licensing agreement can, for example. B Identify the people authorized to use the data, the devices on which the data can be used, or indicate the maximum number of data