15 years: Financial technology law
Data is a valuable resource, and is beset by the complexity of being governed by a number of different areas of law. Chris attempts to answer the essential question of “what can I do with the data?” by explaining how a contract can be used to determine the legal default positions.
Data is a valuable resource, and is beset by the complexity of being governed by a number of different areas of law. Chris attempts to answer the essential question of “what can I do with the data?” by explaining how a contract can be used to determine the legal default positions.
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10 mins 15 secs
In order to answer the essential question of “what can I do with the data?”, you need to understand the position under each area of law individually, this includes IP, privacy and data protection, regulation and confidentiality. Moving forward to put together a contract that takes you away from the default legal position and builds the rules to get you to the set of powers you need.
Key learning objectives:
How can we determine what the default position is?
What is a “new” data set, and how can it be managed?
What other issues need to be thought through before drafting a contract?
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In order to work out the overall default position, first you have to understand the position under each area of law on its own, and then you have to work out which takes precedence over which:
In order to understand what you can and can’t do with this new data set, you have to analyse the rights and rules in both the ingredient data and the new data, so you can then put the relevant contracts in place to allow you to do what you need to:
Whenever new data is being created, it is worth thinking through the different rights and commercial sensitivities that this new data brings with it. For example:
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