1. What is a database sale agreement ?
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.
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 60 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.
5 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. Depending on your needs we may equally, following this third call, return to the service delivered taking into account your remarks and specific requests, through written exchanges or calls. These additional exchanges should incur additional costs, ethier included in the quote or defined at the time of the restitution of the service.