A large number of digital actors process and analyse different categories of personal data from various media as part of their business. On the other hand, many publishers wish to be able to monetise the personal data of users whose consent has been directly obtained. Such data can be made available through a database sale agreement which however, must be carefully drafted to comply with your legal obligations.

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 personal data processing. It has also brought greater transparency and security to those concerned, starting with the collection of consent and the respect of all their rights, such as the right to be forgotten.

The sale of data implies ensuring beforehand, disposal of all these rights granted by the data subjects/users, to determine the respective roles of your co-contractors (data controllers, subcontractor, co-contractors etc) and to specify with attention the rights and obligations of each party to the contract in order to, first and foremost, guarantee the respect of the rights of your users.

3. LegalUP Consulting’s service

In this context, LegalUP Consulting offers customised solutions to support the management of these partnerships by assisting you on the conditions of your legitimacy to enter into such agreements, helping you to strategically determine the targeted processing and the role of the each party to the contract in the drafting of your contracts.

LegalUP Consulting’s service covers a large number of diligences: a preliminary analysis of your eligibility to establish such partnerships, an illustration that helps you to make certain choices about the rights that you will grant to your buyer and how to respect these rights, especially when you are not the only one to exploit this personal data. Our assistance continues with the drafting of standard contracts, the re-reading of contracts in progress and / or if necessary the production of amendments, the support through negotiations and / or the suggestion of creative solutions to allow you to operate while paying particular attention to the conservation of a “tech and business friendly” approach.