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Data License Agreement for Nigeria

Data License Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) the right to use, process, and/or distribute specific data sets. The agreement incorporates compliance requirements with the Nigeria Data Protection Act 2023 and other relevant Nigerian legislation, addressing key aspects such as data protection, usage rights, confidentiality, security measures, and liability limitations. It provides a structured framework for data sharing while ensuring regulatory compliance and protecting both parties' interests in the Nigerian legal context.

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What is a Data License Agreement?

The Data License Agreement serves as a crucial legal instrument in Nigeria's evolving digital landscape, particularly following the implementation of the Nigeria Data Protection Act 2023. This agreement is essential when one party wishes to grant another party the right to use, analyze, or distribute specific data sets while maintaining control over the data's usage and ensuring compliance with Nigerian law. It's commonly used in commercial transactions involving customer data, market research data, technical data sets, or proprietary databases. The agreement addresses critical aspects such as scope of license, usage restrictions, data protection obligations, quality standards, and compliance requirements. It's particularly relevant given Nigeria's increasing focus on data protection and digital economy regulations, requiring careful consideration of both commercial interests and regulatory compliance.

What sections should be included in a Data License Agreement?

1. Parties: Identification of the licensor and licensee, including their registered addresses and company details

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms, 'Data', 'Licensed Rights', 'Territory', etc.

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

5. License Fees and Payment Terms: Financial terms, payment schedule, and any usage-based fee calculations

6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements

7. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Nigerian Data Protection Act 2023

8. Representations and Warranties: Warranties regarding data quality, ownership, and compliance with laws

9. Confidentiality: Obligations regarding confidential information protection and permitted disclosures

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

11. Post-Termination Obligations: Requirements for data deletion or return upon termination

12. Limitation of Liability: Limitations on parties' liability and exclusions

13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

What sections are optional to include in a Data License Agreement?

1. Data Updates and Maintenance: Terms for ongoing data updates, applicable when the license includes regular data refreshes

2. Sub-licensing Rights: Terms governing the licensee's right to sub-license the data, if permitted

3. Data Quality Standards: Specific quality metrics and standards, relevant for high-value or critical data

4. Audit Rights: Rights to audit data usage and compliance, important for sensitive data or usage-based pricing

5. Service Levels: Performance standards for data delivery and availability, relevant for real-time or critical data

6. Data Processing Requirements: Specific processing requirements and restrictions, necessary when personal data is involved

7. Cross-border Data Transfer: Requirements for international data transfers, needed when data will be used outside Nigeria

8. Change Control: Procedures for changing data formats or specifications, relevant for long-term agreements

What schedules should be included in a Data License Agreement?

1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including field specifications and formats

2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, including any variable components

3. Schedule 3 - Technical Specifications: Technical requirements for data delivery, access, and usage

4. Schedule 4 - Service Levels: Detailed service level requirements and metrics

5. Schedule 5 - Security Requirements: Specific security measures and protocols required

6. Schedule 6 - Approved Sub-processors: List of approved sub-processors or sub-licensees if applicable

7. Appendix A - Data Processing Terms: Detailed terms for processing personal data in compliance with Nigerian law

8. Appendix B - Contact Details: Key contacts for operational, technical, and legal matters

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions











































Clauses






























Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Market Research

E-commerce

Manufacturing

Energy

Agriculture

Education

Real Estate

Insurance

Transportation

Government Services

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Data Analytics

Information Security

Risk Management

Commercial Operations

Business Development

Privacy Office

Digital Operations

Procurement

Research and Development

Relevant Roles

Chief Data Officer

Data Protection Officer

Legal Counsel

Privacy Manager

Commercial Director

Chief Technology Officer

Information Security Manager

Compliance Officer

Business Development Manager

Risk Manager

Data Architect

Chief Information Officer

Contract Manager

Digital Assets Manager

Data Analytics 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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