License To Use Data Template for Switzerland

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Key Requirements PROMPT example:

License To Use Data

"I need a License To Use Data agreement for licensing our financial market data to European banks, with strict usage restrictions and requirements for quarterly usage reporting, to be effective from March 2025."

Document background

The License To Use Data agreement is essential in today's data-driven business environment, particularly under Swiss jurisdiction which maintains strict data protection standards. This document is typically used when organizations need to formally license data assets to third parties while maintaining control over how their data is used and ensuring compliance with Swiss regulations. It covers crucial elements such as scope of permitted use, data security requirements, confidentiality obligations, and compliance with Swiss data protection laws, particularly the FADP/DSG. The agreement is designed to protect both the data owner's interests and ensure the licensee's compliance with relevant Swiss legal requirements while facilitating legitimate business use of valuable data assets.

Suggested Sections

1. Parties: Identification of the data licensor and licensee, including full legal names, addresses, and registration 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', 'Authorized Users', 'Confidential Information', and other relevant terms

4. License Grant: Scope of the license, permitted uses, and any territorial restrictions

5. License Restrictions: Explicit limitations on use of the data, prohibited activities, and requirements for compliance

6. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Swiss data protection laws

7. Confidentiality: Obligations regarding confidentiality of the data and any associated information

8. Technical Requirements: Technical specifications for data access, storage, and processing

9. Service Levels: Standards for data availability, quality, and updates if applicable

10. Fees and Payment: License fees, payment terms, and any usage-based charging mechanisms

11. Term and Termination: Duration of the license, renewal provisions, and termination rights

12. Consequences of Termination: Post-termination obligations, including data deletion or return

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

14. Liability and Indemnification: Limitation of liability provisions and indemnification obligations

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Audit Rights: Include when regular compliance monitoring is required, specifying the licensor's right to audit the licensee's use of the data

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

3. Sub-licensing Rights: Include when the licensee may need to sub-license the data to affiliates or third parties

4. Cross-Border Transfer: Include when data will be transferred outside Switzerland, addressing specific requirements

5. Change Control: Include when the nature or scope of the licensed data may need to change over time

6. Business Continuity: Include for critical data licenses requiring disaster recovery and business continuity provisions

7. Training and Support: Include when technical training or ongoing support is part of the license arrangement

8. Performance Monitoring: Include when specific performance metrics need to be monitored and reported

Suggested Schedules

1. Description of Licensed Data: Detailed technical description of the licensed data, including format, fields, and structure

2. Technical Specifications: Technical requirements for data access, processing, and storage

3. Service Level Agreement: Detailed service levels for data availability and quality

4. Security Requirements: Specific security measures and protocols required for data protection

5. Fee Schedule: Detailed breakdown of license fees and payment terms

6. Authorized Users: List of authorized users or user categories and their access rights

7. Data Processing Requirements: Specific requirements for data processing in compliance with Swiss law

8. Form of Reports: Templates for required reporting on data usage and compliance

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Healthcare

Technology

Research & Development

Manufacturing

Retail

Telecommunications

Insurance

Pharmaceuticals

Energy

Transportation

Media & Entertainment

Professional Services

Education

Market Research

Relevant Teams

Legal

Compliance

Information Technology

Data Management

Information Security

Risk Management

Commercial Operations

Research & Development

Business Development

Privacy Office

Contract Administration

Technical Operations

Data Analytics

Corporate Strategy

Relevant Roles

Chief Data Officer

Data Protection Officer

Legal Counsel

Privacy Officer

Commercial Director

IT Director

Chief Technology Officer

Data Manager

Compliance Officer

Information Security Manager

Business Development Director

Contract Manager

Risk Manager

Chief Information Officer

Data Architect

Research Director

Database Administrator

Legal Operations Manager

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