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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Big Data Use and Licensing Agreements: Key Provisions, Privacy-Enhancing Technologies, Risk Mitigation Strategies

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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.

Presented By

Melissa Krasnow
Partner
VLP Law Group, LLP

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.

Michael R. Overly
Partner
Foley & Lardner LLP

Michael R. Overly is a partner and intellectual property lawyer with Foley & Lardner LLP where he focuses 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. Michael is a member of the Technology Transactions, Cybersecurity, and Privacy and Privacy, Security Information Management Practices. Michael is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), and Certified Outsourcing Professional (COP) certifications. Mr. Overly’s numerous articles and books have been published in the United States, Europe, Korea, and Japan. He has been interviewed by a wide variety of print and broadcast media (e.g., the New York Times, Los Angeles Times, Business 2.0, Newsweek, ABCNEWS.com, CNN, and MSNBC) as a nationally recognized expert on technology and security related matters. In addition to conducting seminars in the United States, Norway, Japan, and Malaysia, Mr. Overly has testified before the U.S. Congress regarding online issues.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, October 7, 2025

  • schedule

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

I. Introduction: big data in today's landscape

A. Definitions and key data types

II. Legal and regulatory developments

A. GDPR, CCPA/CPRA, and other U.S. state laws

B. Data subject rights, consent management, cross-border, and localization

III. Privacy-enhancing technologies

A. Differential privacy, tokenization, synthetic data

B. De-identification vs. pseudonymization

IV. Key contractual provisions in big data licenses

A. License and use restrictions (e.g., AI training)

B. Warranties, representations, and disclaimers

C. Indemnification and limitations of liability

D. Confidentiality, data ownership, and sub-licensing rights

V. Big data in AI/ML: new risks and responsibilities

A. Licensing for training datasets vs. outputs

B. Legal concerns around bias, explainability, and model misuse

VI. Compliance, oversight, and enforcement

A. Audit rights and monitoring obligations

B. Documentation, due diligence, and vendor management

C. Enforcement trends and litigation

The panel will review these and other relevant issues:

  • Key legal and contractual risks in obtaining and using big data
  • Drafting license agreements for use in AI/ML models
  • Regulatory impacts from CCPA/CPRA, and state laws including TDPSA
  • Strategies for anonymization, pseudonymization, and other privacy enhancements
  • Contract downstream liability issues
  • Audit, indemnity, and data security provisions to reduce exposure