Value creation through data sharing

Many companies are sitting on a treasure trove of data. Other companies can make use of this treasure trove of data. Trading data raises commercial, legal and technical questions: Buy or rent? What exact data? How is the data accessed? How should data use be limited in time, location or content? Who is liable if data is incorrect, incomplete or not representative? Data protection observed? Data secrecy ensured? Who is entitled to the findings of the data analysis? What applies after the end of the contract? Aitava supports you in all questions regarding data exchange.

Data is at the heart of the digital economy. Sharing it offers significant potential for value creation.

AI training: Data quality matters!

It’s not just the quantity of data that counts. Successful AI training requires, above all, high data quality. Lack of data quality threatens to become an AI showstopper. There are regulatory reasons for this, such as Art. 10 AI Act. But mainly technical reasons, because the AI reproduces an extract of the training data. “Garbage in, garbage out”.

Data quality can have many facets:

  • Anonymity of the data
  • Freedom from property rights of third parties
  • Usability
  • Accuracy
  • Representativeness for the specific purpose
  • Completeness
  • And many more

Ensuring the right data quality is a technical and legal homework, similar to creating a technical performance specification. Aitava supports you interdisciplinary.

The royal road – a data license agreement

When data exchange is planned, the question arises as to how one’s own share of value creation can be secured in the long term.

Neither German nor European law recognizes data ownership. According to the current legal situation, economic data allocation can only take place on a contractual basis. So what the law has not regulated through legislation, the business community regulates among themselves at the contractual level.

In this context, data licensing agreements are becoming increasingly important, as they enable flexible solutions as to who may exploit which data for which purposes. Figuratively speaking, data license agreements are legal drilling platforms that can be used to extract and use the ‘oil of the 21st century’ in a legally secure manner.

We draft and negotiate data license agreements on an ongoing basis. From one-pager to 250-pages.

Data sharing – often a balancing act

The right dosage in data sharing is complex. First, the tension between confidentiality and intentional data sharing must be resolved. Unrestrained data sharing can undermine the protection of know-how and trade secrets.

Extensive data knowledge can also lead to compliance risks, such as increased product monitoring obligations. Competition authorities closely monitor how data access fosters market power and abusive pricing. And data protection authorities are also watching closely, especially when the amount of data transferred allows profiling of individuals.

New rules of the game with the Data Act

The Data Act could come into force as early as 2023. At its core, it is a reorganization of the framework conditions for data access and data use. Real rights of access to data are to be created for both the private and public sectors in order to boost data exchange. At the same time, significant obligations are to be imposed on data owners, product manufacturers and cloud providers. Clauses that have been common in data licensing agreements are to be partially banned.

The Data Act will fundamentally change the rules of the game in data sharing. We can help you prepare for this at an early stage.

Aitava asks important questions and finds suitable answers. We help you to benefit from the enormous value creation potential of your own and third-party data.

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