Model Data Collation Licence Agreement

Notes for use

1. This NBN Model Data Collation Licence provides a generic example of a legal licence necessary to formally authorise an individual or organisation to collate and pass on wildlife information captured and created by another individual or organisation.

2. The licence agreement defines the terms and conditions under which a data recipient is authorised to hold, copy, process and incorporate data and support information provided by a data supplier, into databases and information products and how they may make these available for use by others.

3. The NBN Model Data Collation Licence is one of a wider framework of agreements and licences prepared by the National Biodiversity Network Trust to facilitate robust delivery of wildlife information resources to improve their availability and use.

4. The term ‘the recipient’ may be replaced throughout the document by the name of the relevant organisation, but if the common name is not the full legal name, the latter should be stated in the ‘introduction’.

5. Square brackets indicate where you may need to adjust the text: remove all square brackets and this page of notes before presenting the licence agreement for signature

6. The ‘introduction’ section needs a description of the wildlife information so that the subject matter of the agreement can be identified. In some cases the wildlife data itself can be attached as a schedule. Alternatively all data supplied or to be supplied under particular arrangements can be identified.

7. The two sentences in 4.1 are alternatives; use the second if you do not have an access policy. If you have a policy state where it can be read, e.g. quoting a website URL.

8. The model gives the person supplying the data the right to opt out of having their contact details made public. Please note that the recipient is responsible for their own compliance with the Data Protection Act 1998: in particular this means you may need to obtain consent for your own uses of the personal data or to adjust the opt-out mechanism.  NBNT cannot advise you on your obligations.

9. NBNT must have:

  • permission at least as wide in scope as clause 1;
  • consent to process the personal data at least as wide as clause 2.1 and 2.3; and
  • waiver of ‘moral rights’ (an example is given in clause 1.4).

Introduction

This is an agreement between me,

___________________________________________________________________________
and

___________________________________________________________________________
(‘the recipient’), about the use of the wildlife information I have collected [or will collect] which is [attached] / [         ] (‘the wildlife information’), and any details about me (‘my personal data’).
1. Permission to use the wildlife information
1.1. By signing this document, I give permission to the recipient to incorporate all, or part, of the wildlife information, into larger data collations, to distribute copies of those data collections to others using a variety of means including the NBN Gateway.
1.2. The permission I give in 1.1 above is not limited in time or by place. I understand that [I will not receive any payment for the use of the wildlife information, but]*  I am free to make the wildlife information available to others at any time.
1.3. If I ask the recipient to stop using the wildlife information, the recipient will stop using and distributing the wildlife information, and will delete and destroy all copies that it holds, except that it may keep the wildlife information in its back-up copies until they are used. However, I understand that copies of the wildlife information distributed before my request will not be subject to this requirement.
1.4. I waive my right to be identified as the author of the wildlife information, and to object to the manner in which it is used, but require (unless I have ticked the box next to my signature below) my authorship to be acknowledged where appropriate.
2. My personal data
2.1. Unless I have ticked the box next to my signature, I give consent to the use and distribution of my personal data as necessary for the purpose of enabling users of the data collections described in clause 1.1 to assess the wildlife information.  In particular, I consent to the use of my personal data on the NBN Gateway operated by the National Biodiversity Network Trust inline with the published privacy policy. In doing so I understand that because my personal data may be made available on the Internet, they may be used and distributed outside the European Economic Area.
2.2. If I have ticked the box next to my signature, the recipient will not make my personal data available to the public (but they may disclose my personal data to anyone who manages the wildlife information on their behalf, if that person agrees to not to make my personal data available to the public).
3. My promises to the recipient
3.1. I confirm that I am either the original author of the records containing the wildlife information, or I have permission to make them available to the recipient under the terms of this Agreement.
3.2. I confirm that I have taken reasonable steps to ensure the accuracy of the wildlife information, but this promise does not make me legally responsible to the recipient or others for any losses caused by any errors or omissions in the wildlife information.
4. Promises made to me by the recipient
4.1. The recipient will make the wildlife information available within the terms of their access policy (which is available at [insert location]). The recipient will restrict availability of wildlife information that the recipient deems to be environmentally, commercially or personally sensitive in nature.
4.2. The recipient will take reasonable measures to prevent unauthorised access to, duplication of, or distribution of the wildlife information while they have possession of it.
4.3. The recipient will not sell, or permit the sale by others of the wildlife information, but may make appropriate administration charges to cover the cost of supply to others. The data recipient will make the data freely available to the data supplier.
4.4. The recipient will not make any legal claim against me if the wildlife information proves to be inaccurate, even if the recipient gets a legal claim from someone else.
5. Governing law
This agreement is governed by English law and if there is any dispute between me and the data supplier that we are unable to resolve by discussion, I agree that the English courts may be asked to deal with it.
6. Signatures

My name (please print) ………………………………………………………..
Signed ………………………………………………………..
Date   ………………………………………………………..
Address  …………………………………………………………
…………………………………………………………
…………………………………………………………
Telephone  ………………………….. Fax ………………….. E-mail ……………….

Signed on behalf of the recipient
Signed ………………………………………………………..
Date   ………………………………………………………..
Position  …………………………………………………………
Address  …………………………………………………………
…………………………………………………………
…………………………………………………………
Telephone  ………………………….. Fax ………………….. E-mail ……………….

– See more at: https://nbn.org.uk/Share-Data/Managing-Permissions/Model-Agreements/Data-Collation-Licence-Agreement.aspx#sthash.LpZLHXc9.dpuf