Many businesses require data of various kinds. In some cases, it is neither feasible nor cost effective to acquire such data yourself. Many businesses therefore will subscribe to databases and / or purchase data from other sources.
Using a Database Agreement template from this subfolder will ensure that both parties have a clear understanding as to the data that is being acquired, what may or may not be done with that data, the manner or format in which it will be supplied, how it will be paid for and additional value-added services that may be provided.
Where sensitive or other personal data is being handled, businesses may also benefit from a suitable data protection policy.
Database Agreements is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I want to buy or subscribe to data from a supplier, what should the agreement cover? +
A database agreement should make clear what data you are getting, what you may and may not do with it, the format and frequency of supply, how you pay and any value-added services. That avoids the common dispute where the buyer assumes broader rights than the supplier intended. These templates set those points out so both sides understand the deal. Where the data includes personal data, add data protection terms too.
Is the data in a database protected by law, and can I stop others copying mine? +
Often yes. A separate database right can protect a database where there has been substantial investment in obtaining, verifying or presenting its contents, under the Copyright and Rights in Databases Regulations 1997. It lasts 15 years from completion or from being made available, and a substantial new investment can renew it. That is distinct from copyright and can stop others extracting or reusing substantial parts. A clear agreement then controls what your licensees may do.
The data will include personal data, what extra do I need? +
Data protection terms. If personal data is supplied or processed, the UK GDPR and Data Protection Act 2018 apply, and where one party processes personal data on the other's behalf UK GDPR Article 28 requires a written processor contract. You also need a lawful basis for using the data and must respect the purposes it was collected for. Add data protection wording to the database agreement, and a data protection policy helps you handle it properly.
Can I do whatever I like with data I have paid for? +
No. Buying access to data does not usually give you ownership or free rein: your use is limited by the agreement and, where it applies, by the supplier's database right and by data protection law for any personal data. Typical limits cover resale, sharing, sub-licensing and building competing products. So check what the agreement actually permits before you reuse or redistribute the data, because exceeding it can breach both contract and intellectual property rights.
