About the Course
Introduction
This CLE course will guide corporate and technology counsel in using and licensing big data. The panel will discuss practical considerations when using big data, including anonymization, due diligence, and privacy‑enhancing technologies such as differential privacy and tokenization. The panel will also explain critical contractual provisions in big data licenses, including warranties, indemnification, limitation of liability, privacy and data security, confidentiality, and audit rights.
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
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.
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).
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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
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Use Clauses and Related Provisions in NDAs: Avoiding Unintended Standstills and Restrictions on Transactions
Tuesday, September 29, 2026
1:00 PM ET/ 10:00 AM PT
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