Data Licence Agreement for New Zealand

Data Licence Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) the right to use, access, and process specific data sets. The agreement addresses crucial aspects including data privacy compliance under the Privacy Act 2020, intellectual property rights, usage restrictions, security requirements, and commercial terms. It includes provisions for data protection, quality assurance, liability limitations, and compliance with New Zealand's regulatory framework while establishing clear guidelines for data handling and usage.

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What is a Data Licence Agreement?

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.

What sections should be included in a Data Licence Agreement?

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

What sections are optional to include in a Data Licence 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

What schedules should be included in a Data Licence Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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