• videocam On-Demand Webinar
  • card_travel Commercial Law
  • schedule 90 minutes

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

About the Course

Introduction

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.

Presented By

Melissa Krasnow
Partner
VLP Law Group, LLP

Ms. Krasnow advises companies on privacy, data security, technology matters, and cyber governance, including data breaches/incidents/other events (ransomware, account takeover, business email compromise, phishing, and vulnerabilities), preparing written information security programs (organizational and employee), devising incident response plans, and facilitating and participating in tabletop exercises. She counsels boards of directors and officers on privacy, data security, and technology risk oversight and developments, and reviews cyber liability insurance policies. Ms. Krasnow advises companies on regulatory inquiries and complying with state, federal, and international privacy and data security, advertising and marketing, governance and compliance, and regulated industry laws. She prepares website and mobile application privacy policies and terms (including regarding the GDPR, CPRA and other state privacy laws, geolocation, big data, and artificial intelligence/chatbots), and technology policies. Ms. Krasnow works with companies on negotiating (and renegotiating in the wake of data breaches/incidents/other events) and documenting technology and commercial transactions, including master services agreements, non-disclosure agreements, data security addenda, business associate agreements, data license agreements, GDPR and other data processing agreements, and CPRA and other state privacy law agreements.


Michael R. Overly
Partner
Foley & Lardner LLP

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).

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 8, 2022

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  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

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?