Description

Companies are increasingly exploiting massive amounts of consumer information from social networking sites, online interactions, connected devices, and other sources—collectively known as big data—to generate revenue and train artificial intelligence models. Businesses considering using big data should evaluate whether to anonymize or pseudonymize data, what due diligence to perform, and how privacy‑enhancing technologies can minimize compliance and litigation risks.

Carefully negotiated licensing agreements specific to big data will maximize the right to use, access, and analyze data while minimizing liability exposure.

Traditional licenses are often ineffective in addressing the unique issues big data presents, including re‑identification risks, evolving privacy regulations, and the growing use of data in AI/ML.

Big data licensing agreements should include provisions addressing warranties, indemnification, limitation of liability, privacy and data security, confidentiality, and audit rights, as well as considerations for downstream use in AI training and model outputs. By understanding the critical clauses to include in big data licenses and the common pitfalls to avoid, counsel can effectively draft and negotiate agreements in their clients' best interests.

Listen as our authoritative panel discusses what big data is and the practical and legal considerations surrounding its use. The panel will also discuss best practices for drafting high priority clauses in big data licenses.