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

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.