1. What is a Data Acquisition Agreement?
A large number of digital players such as tech providers, data marketers and all the players involved in the supply chain, collect, process and analyse different categories of personal data, such as data on user interaction on sites of content or service publishers. These players have not directly received the consent of users and in order to feed their technologies based on the analysis of a large volume of personal data, need to acquire the rights to exploit such data.
The right to perform such processing may be granted by partners who publish one or more platforms and agree to transfer the data of users whose consent they have received (DIRECT data acquisition) or partners who have a network of publishers having mandated them to ensure the sale of their personal data (INDIRECT acquisition of data). This transfer is done via a data acquisition agreement.
2. The impact of the GDPR on data acquisition
The European regulator indeed wants to clarify the rights and obligations of all actors in the value chain in the context of data processing. It has also brought greater transparency and security to data subjects, starting with the collection of consent and the respect of all their rights, such as the right to be forgotten.
In this context, the cross-referencing of databases that was practiced before the entry into force of the GDPR must now be subject to much more sophisticated contractual agreements to reflect these changes and especially to oversee the acquisition of personal data.
3. LegalUP Consulting’s service
In this context, LegalUP Consulting offers personalised assistance solutions to support these data crossings by assisting you in the drafting or management of your contracts, whether these relate to direct or indirect acquisitions of personal data.
LegalUP Consulting’s service covers a large number of diligences: the drafting of standard contracts, the review of your current contracts and if necessary designing amendments for them, support through negotiations and / or the suggestion creative solutions to enable you operate in compliance by paying particular attention to the conservation of a “tech and business friendly” approach.
LegalUP Consulting’s service is delivered in three stages, with three calls (telephone or video-conference) allowing a personalised execution adapted to your needs:
First of all, we invite you to book an appointment for an initial call of 15 minutes. Appointments are made via an online calendar which you can access by clicking on the button at the bottom of the page. During this first call, we will present the service offered by the firm, we’ll specify the first documents to send us for the smooth running of the service, and we’ll set a cost estimation that will be confirmed in writing as soon as possible.
We will also take advantage to respond to any eventual questions you may have about the service.
Following the first call, we will send you a quote, a link to make the payment and a letter of commitment that you must return signed by email. Upon receipt of the letter of commitment and confirmation of payment, we will start processing your request. To do this, a second call of 45 minutes will allow us to identify the specific needs of your organisation to deliver a tailor-made service. You may also book an appointment for this second call online, by clicking on the button at the bottom of this page, or via the link we will send you by email following our first call.
4 working days (flexible period defined by the parties in the case of complex requests) after the second call, we will get back to you via email for the execution of the service. You will also receive a link simultaneously which will enable you book an appointment for a third call of 30 minutes during which we will present you the result of our work in a detailed way and will submit you personalised recommendations.