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Recommended contract terms

Since there is no universal law that regulates all aspects of data sharing across sectors, contracts can play a decisive legal role in practice. For that reason, it's useful to get an overview of common contractual issues and model clauses, which can be used as templates to license data.

In this section of SCDS, you'll find inputs that provide some guidance on contractual practices in specific industries. For each of the sectors listed below, you'll be able to find:

  • Sector requirements analysis, including the identification of requirements linked to specific legal frameworks, but also common sensitivities (e.g. need for greater confidentiality and/or IP protection in some industries), and operational requirements (e.g. need for continuous availability of data).
  • A range of data sharing contract clauses, including existing clauses from actual contracts (identified as ‘real life clauses’ in the sections below), and fictitious model clauses (identified as ‘model clauses’), that also build on the state of play in the market, but will suggest improvements as well.
  • A set of conclusions on points of attention when drafting or reviewing contractual clauses.

These inputs aim to facilitate re-use of clauses across sectors, since concerns and approaches are often similar across sectors. If you want to read the full report on the development of a set of recommended contract terms, you can download this here.

As always, any feedback or questions are welcome. Please share your requests and needs, or ask for our support by using our dedicated support form, or by discussing these topics with other practitioners in the user forum

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