Data Broking

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The intermediaries for much of the commercial activities occurring online, data brokers facilitate key revenue-generation and compliance operations for many types of businesses, including marketing, R&D, and fraud prevention.

Data is a key asset for many digital businesses with various compliance regulations applying and so insisting on strong contractual protections for the same is vital.

Our lawyers can advise on contractual documentation which suitably allocates risk and preserves commercial interests, as well as compliance matters affecting your data operations such as the UK GDPR.

How do we support Data Brokers?

We can provide legal support on the following matters: -

  • Drafting and negotiating standard term data broking agreements which protect your data assets and minimise commercial risk accordingly.

  • Advice on PECR and e-privacy laws specific to data profiling, tracking, and marketing activities.

  • Advice on intellectual property licensing in relation to ‘sui generis’ database rights.

  • Conducting Data Protection Impact Assessments (DPIAs) for high-risk personal data activities, such as ‘data matching’ and ‘invisible processing’.

  • Advice on GDPR rules in relation to data profiling, tracking tech, automated decision making, transparency rules, data protection principles, and artificial intelligence pertaining to personal data processing operations.

  • Advice on GDPR rules in relation to international transfers, such as the UK-US Privacy Shield, EU transfers, transfers to third countries, and Transfer Risk Assessments (TRAs).

  • Drafting and negotiating software development and cloud computing agreements where an element of development is involved alongside the data broking activities.

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