Data License Agreement

Data License Agreement Template for Denmark

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Document background

The Data License Agreement is essential for organizations seeking to formalize the terms of data sharing, usage, and protection under Danish law. This document is particularly relevant in scenarios where valuable or sensitive data needs to be licensed between parties, whether for commercial, research, or operational purposes. The agreement must comply with the Danish legal framework, including the Danish Contracts Act, the Danish Data Protection Act, and the EU General Data Protection Regulation (GDPR). It is designed to protect both the licensor's intellectual property rights in the data and ensure proper data protection safeguards. The document includes detailed provisions on permitted uses, technical requirements, security measures, and commercial terms, making it suitable for various data licensing scenarios while maintaining compliance with Danish and EU regulatory requirements.

Suggested Sections

1. Parties: Identification of the data licensor and licensee, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, nature of the data, and general purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Data', 'Intellectual Property Rights', 'Permitted Purpose', etc.

4. License Grant: Scope of the license, permitted uses, and any territorial or time limitations

5. License Fees: Payment terms, fee structure, and payment schedule

6. Data Protection and Security: GDPR compliance requirements, security measures, and data handling obligations

7. Intellectual Property Rights: Ownership of data, derivative works, and related intellectual property

8. Confidentiality: Obligations regarding confidential information and data security

9. Warranties and Indemnities: Representations about data quality, ownership, and related indemnification provisions

10. Term and Termination: Duration of the agreement, renewal terms, and termination rights

11. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Sub-licensing Rights: Include when the licensee needs to share data with third parties or subsidiaries

2. Data Updates and Maintenance: Include when the license involves ongoing data updates or maintenance services

3. Service Levels: Include when specific performance metrics or availability standards apply to data delivery

4. Audit Rights: Include when regular auditing of data usage or compliance verification is required

5. Data Migration: Include when specific provisions for data transfer or migration are needed

6. Export Control: Include when the data is subject to export control regulations

7. Industry-Specific Compliance: Include when the data relates to regulated industries (e.g., healthcare, financial services)

Suggested Schedules

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 - Technical Requirements: Technical specifications for data access, transfer, and storage

4. Schedule 4 - Security Requirements: Detailed security protocols and requirements for data handling

5. Schedule 5 - Service Levels: Detailed service level specifications and metrics, if applicable

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

7. Appendix B - Authorized Users: List of authorized users or user categories and their access rights

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