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Data Licence Template for Switzerland

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Key Requirements PROMPT example:

Data Licence

"I need a Data Licence agreement for licensing my company's anonymized market research data to multiple Swiss corporations, with specific usage restrictions and quarterly payment terms starting from March 2025."

Document background
This Data Licence agreement template is designed for use under Swiss law when one party wishes to grant another party rights to access and use specific data or datasets. It incorporates requirements from the Federal Act on Data Protection (FADP/DSG) and other relevant Swiss regulations, making it particularly suitable for data licensing arrangements where either party has connections to Switzerland or prefers Swiss law as the governing law. The document addresses key aspects such as data protection, usage rights, security measures, and commercial terms, while providing flexibility to accommodate various types of data licensing scenarios. It is especially relevant in the context of increasing data commercialization and the need for clear legal frameworks around data sharing and usage rights, particularly following Switzerland's enhancement of its data protection regime to align with international standards.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal details

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

3. Definitions: Detailed definitions of key terms including Data, Licensed Rights, Permitted Purpose, etc.

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

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

6. Data Delivery and Format: Specifications for how and when the data will be delivered or accessed

7. Data Protection and Security: Compliance with FADP requirements and security measures for data handling

8. Intellectual Property Rights: Ownership of data, derivative works, and related IP rights

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Representations: Guarantees regarding data quality, accuracy, and rights to license

11. Liability and Indemnification: Limitations of liability and indemnification obligations

12. Term and Termination: Duration of agreement and termination provisions

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Audit Rights: Used when licensor requires rights to audit licensee's use of data

2. Data Updates: Include when the license covers ongoing data updates or real-time data feeds

3. Sub-licensing Rights: Required if licensee is permitted to sub-license the data to third parties

4. Performance Standards: Needed for agreements involving real-time or critical data services

5. Data Quality Management: Used when specific data quality standards must be maintained

6. Export Controls: Required when data transfer crosses international borders

7. Disaster Recovery: Important for business-critical data licenses

8. Competition Law Compliance: Needed when data licensing might have market competition implications

Suggested Schedules

1. Schedule 1 - Licensed Data Description: Detailed technical description 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, APIs, or integration requirements

4. Schedule 4 - Service Levels: Service level agreements for data availability and quality

5. Schedule 5 - Security Requirements: Detailed security protocols and requirements for data handling

6. Schedule 6 - Permitted Purpose Description: Detailed description of allowed uses and use case scenarios

7. Appendix A - Data Processing Agreement: Required when personal data is involved, ensuring FADP compliance

8. Appendix B - Technical Contact Details: List of technical contacts and escalation procedures

Authors

Alex Denne

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

Relevant legal definitions












































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Research & Development

Telecommunications

Insurance

Manufacturing

Retail

Education

Market Research

Artificial Intelligence

Big Data Analytics

Pharmaceuticals

Business Intelligence

Consulting Services

Relevant Teams

Legal

Compliance

Data Protection

Information Technology

Information Security

Commercial

Business Development

Data Management

Research & Development

Privacy

Risk Management

Contract Management

Relevant Roles

Chief Data Officer

Data Protection Officer

Legal Counsel

Privacy Counsel

Commercial Director

Chief Technology Officer

Data Manager

Compliance Officer

Information Security Manager

Business Development Director

Contract Manager

IT Director

Chief Information Officer

Data Architect

Privacy Manager

Licensing 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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