Need advice on data ownership?

It is obviously convenient that data is accessible everywhere through a cloud service. However, customers can only access the data within the facilities that you offer them as a cloud service provider. So, making agreements on the ownership of data (import and export options) is critical to many customers and a necessary part of a good continuity arrangement. The legal advisors at Legal ICT are experts in this field.

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Provide data export options

In order to safeguard continuity, it is very important to enable customers to import and export data. By ensuring that all data that customers upload can also be downloaded by them in an open format, customers can retain their data when the cloud service provider goes bankrupt. Paradoxically, having a data export option actually encourages the influx of new customers. When customers know they can retain their (often business-critical) data, they will be more inclined to opt for a cloud solution.

Do you have questions about data ownership or continuity in the cloud? The legal advisors of Legal ICT are specialists in this field and will be happy to assist you with practical legal advice.

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Set out who is allowed to do what with the data

It is difficult to define ‘ownership of data’ in legal terms. Under Dutch law, the term ‘property’ really only applies to tangible items. This does not include software and data, unless they are virtual goods in Second Life or online games.

Data ‘is’ nothing. Because this makes it difficult to determine the legal position of the creator and user of the data, it is very advisable to explicitly set out who is allowed to do what with the data.

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