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Big Data Use and Licensing Agreements: Key Provisions, Anonymization, Due Diligence, and Salting the Database

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 8, 2022

Recorded event now available

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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.

Description

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.

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Outline

  1. What is big data?
  2. Using big data
    1. Case studies
    2. Practical considerations
      1. Anonymization
      2. Due diligence
      3. Salting the database
    3. Issue spotting
    4. Legal considerations
  3. Licensing big data: key contractual provisions
    1. Warranties
    2. Information security requirements
    3. Indemnification
    4. Limitation of liability
    5. Privacy and data security
    6. Confidentiality
    7. Audit rights

Benefits

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?

Faculty

Krasnow, Melissa
Melissa Krasnow

Partner
VLP Law Group

Ms. Krasnow practices in the areas of domestic and cross-border privacy and data security, technology transactions, and...  |  Read More

Overly, Michael
Michael R. Overly

Partner
Foley & Lardner

Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware...  |  Read More

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