How data ownership is defined, and indications that you might not have it.
8. February 2023
Full data ownership has, for various reasons, become increasingly important in the ticketing industry. Wanting and demanding full data ownership is however not the same as actually obtaining it.
How full ownership of your data is defined in legal terms may, to some extent, depend on the jurisdiction in which your company is located, but as a company it is essential that you define for yourself what you mean by full data ownership, otherwise you can’t really enforce it.
DATA OWNERSHIP IN LEGAL TERMS
Full and complete ownership of your data is the exclusive right to control, access, enhance, dispose and use a specific set of data.
Full data ownership refers to the exclusive right to control, use, access, and dispose of a specific set of data. This right includes not only the right to, but full unlimited access to modify, copy, transfer and distribute data as you as owner see fit. This without any imposed limitations from direct, third or governmental party. All use of data is only limited by whatever limits being compliant with the law within the jurisdiction that the company operates, may cause.
Complete data ownership does also include sole right to legally enforce any rights related to the dataset, like unauthorized access, unauthorized exploitation or copyright infringement.
TERMS IN THE CONTRACT TO BE AWARE OF
Before you contact a lawyer, there are some phrases that could be an indication of you not acquiring full data ownership, though you might think you so.
A license to use a specific software is known to all of us. Data stored in a word or excel document is your property. But a license to use a platform or services on a platform, is quite often the same as allowing that platform to make use of your data for other purposes. Wether that is a problem or not depends on your business, but if you consider full data ownership important, this is a leak in many Saas agreements.
Data retention clause
If you move all your customer data from one platform to another, you might think this means that your data now is out of reach for the old platform. They may however be in their full right to make use of your data afterwards, why it is important that you know for howlong they may retain your data, cause the fact is that when your gone, you do not control these data anymore.
Why would a contract include this if in fact you have full ownership? The only reason this term might appear is because the other part, rightly or wrongly, considers themselves either having ownership or procuration of data.
If anywhere in the contract “provision” and/or “shared provision” is mentioned in connection with data ownership, be aware. It is often an indication of the other party having the right to exploit your data, gaining knowledge from it, and making a 3rd party benefit from that knowledge.
That a business partner of yours can be held accountable for how they store your data is necessary, but some has unfortunately considered this proof that they had full data ownership, which they didn’t, so a description of this in a contract is not enough to ensure full ownership.
If the contract require that you keep it confidential how your data is processed, it is a limitation of your ability to use your data freely, and thereby intervenes with your ownership rights.
Limitations of use
These are just some of the terms to be aware of. Data ownership is more important than ever, why we advise you to seek legal advice in these matters, and yes, also if dealing with Venue Manager.
About the Author
CMO at Venue Manager A/S
BA in Marketing Management
Diploma in Economics
BA in Communication