Data and Service Sharing Guidance – the modular approach ... · template licences – the Basic and the Specific INSPIRE licences The current version takes a modular approach which

Data and Service Sharing Guidance – the modular approach to licensing

Clare Hadley Previously Chair of the INSPIRE Data and Service Sharing Drafting Team

The ‘modules’ in today’s presentation:

A bit of background What’s in the Guidance Modules … How to use the modular licence

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“The Guidance Document”


A bit of background…

The Directive required sharing of data and services in a number of situations


Data and Service Sharing and the INSPIRE Directive

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Community bodies and institutions

Member State 1

Member State 2

Regional/ Pan European bodies

International bodies


The Directive required sharing of data and services in a number of situations The Regulation only applies to access to data and services by Commission bodies


Data and service sharing in INSPIRE

Guidance on

Regulation

Regulation

Good Practice

Directive (Chap 5)

Harmonised conditions

between public authorities and

Community bodies

Directive Implementing legislation

Guidance document

Scope

National transposed legislation

Within and between MS

and with international

bodies


The Directive required sharing of data and services in a number of situations The Regulation only applies to access to data and services by Commission bodies The Guidance is intended to assist with the Regulation, but can be used more widely for all data and services sharing required by INSPIRE


…a bit more background…

The first version of the Guidance had two template licences – the Basic and the Specific INSPIRE licences The current version takes a modular approach which encompasses both previous licences and extends them to services too.


What’s in the Guidance? Help with interpreting the Regulation’s articles General Guidance on: – ‘INSPIRE use’ – Public Access to data and services supplied under INSPIRE – Reporting obligations from the Member States – Emergency access and use – Access management for services – Acknowledgement of intellectual property rights – Charging for spatial data sets and services – International data sets and services – Provision of spatial data sets and services by other entities – Coordination – Links to other Directives – Licensing


Licensing

Framework Agreements and Transactions In Transactional licences there are an infinite number of possibilities – Basic terms? Specific terms? – Data, Service or Both?

The approach was ‘modules’ for a mix and match to produce licences which are harmonised as far as practical


Sections of the licences Basic INSPIRE Agreement Specific INSPIRE Agreement

Common part

+ for dataset

+ for services

Common part

+ for dataset

+ for services

Preamble

Parties

Definitions

Subject

Grant

Allowed Use

Public Access

Unauthorised Use

Acknowledgement

Warranties


Basic INSPIRE Agreement Specific INSPIRE Agreement

Common part

+ for dataset

+ for services

Common part

+ for dataset

+ for services

Security

Liability

Conformance

Price/Payment

Access/Delivery

Personal data

Assignment

Sub-contracting

Force Majeure

Contact Persons

Conflict resolutions

Applicable law

Termination


Module text

Fixed text Fixed with insertion

Options

Free text


Pricing and payment The licence is free of charge.

Parties The parties are [MS or public authority] represented by [Name of the representative], Termination

Option 1: This Licence can be terminated by the Parties with 60 days written notice by registered mail. Option 2: This Licence will terminate at the end of the licence period as specified in Schedule 13. Option 3: This licence is perpetual.

Schedule 4 – End User Licence/Agreement for public access (optional) This schedule will contain the Licence/Service Level Agreement to be used.

Colour coding


Creating your licence Questions to ask: – Dataset, service or both? – Will the Basic Licence suffice? – If not, what are my specific requirements?

Add the modules to your basket to make up the agreement …..


Simple Example

“I want to publish a WMS of my data with no further restrictions” 1. Refer to the table for the modules required



Simple Example

“I want to publish a WMS of my data with no further restrictions” 1. Refer to the table for the modules required 2. Extract the text 3. Done!


More complex Example

“ I want to provide a dataset to other public authorities via a Download Service. I do not want to allow public access as there is sensitive data in it. Other public authorities may not pass it on, and must acknowledge use.” 1. Refer to the table for the modules required 2. Extract the text and where an insertion or

option is required put it in. 3. Add any free text sections required. 4. Done!


Next steps …

Machine readable licences? Automatic compilation of licences? ELF Project – GeoProduct Finder may include a licence creation tool in future



Thank You

[email protected]


Documents

Data and Service Sharing Guidance – the modular approach ... · template licences – the Basic and the Specific INSPIRE licences The current version takes a modular approach which