Big Data Use and Licensing Agreements: Key Provisions, Anonymization, Due Diligence, and Salting the Database
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Tuesday, February 8, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide corporate and technology counsel for using and licensing big data. The panel will discuss practical considerations when using big data, including anonymization, due diligence, and database salting. The panel will also explain critical contractual provisions in big data licenses, such as warranties, indemnification, limitation of liability, privacy, and data security, and audit rights, that help minimize risks.
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).
Ms. Krasnow practices in the areas of domestic and cross-border privacy and data security, technology transactions, and M&A. Her clients are based in the U.S., Canada and Europe. In the technology transactions area, Ms. Krasnow works together with companies on negotiating and documenting technology and commercial transactions, including MSAs, NDAs, data security addenda (DSAs), BAAs, data license agreements (DLAs)/big data initiatives, EU General Data Protection Regulation (GDPR) data processor agreements and California Consumer Privacy Act (CCPA) agreements.
Companies are increasingly exploiting massive amounts of consumer information from social networking sites, browser trails, and surveillance trackers--or big data--to generate revenue. Businesses considering using big data should evaluate whether to anonymize data, what due diligence to perform, and whether salting the database will minimize risk.
Carefully negotiated licensing agreements specific to big data will maximize the right to use, access, and manipulate big data while minimizing liability exposure. Traditional licenses are often ineffective in addressing the unique issues big data presents, such as de-identifying and re-identifying data.
Big data licensing agreements should include provisions addressing warranties, indemnification, limitation of liability, privacy, and data security, and more. By understanding the critical clauses to include in big data licenses--and the common pitfalls--counsel can effectively draft and negotiate licenses in their clients' best interests.
Listen as our authoritative panel discusses what big data is and practical and legal considerations surrounding its use. The panel will also discuss best practices for drafting high priority clauses in big data licenses.
- What is big data?
- Using big data
- Case studies
- Practical considerations
- Anonymization
- Due diligence
- Salting the database
- Issue spotting
- Legal considerations
- Licensing big data: key contractual provisions
- Warranties
- Information security requirements
- Indemnification
- Limitation of liability
- Privacy and data security
- Confidentiality
- Audit rights
The panel will review these and other relevant issues:
- What is big data, and what are the principal sources and uses for businesses?
- What legal risks arise for companies in obtaining and using big data for revenue generation?
- What provisions are critical in big data licensing agreements to maximize rights to big data and minimize legal risks?
Related Courses
Management Incentive Equity in Private M&A: Equity Arrangements, Vesting, Transferability, Tax Considerations
Wednesday, April 2, 2025
1:00 PM E.T.