Legal Agreements and SITRA Rulebook

The analysis of the relevant legal frameworks pertaining to data transactions reveals that there are many gaps and overlaps in the current legal landscape mostly because, i) significant parts of the data do not have a standard legal status as intangible assets, and ii) these legal regimes do not address the needs of the data economy or the specificities of data transactions.

As legislation only provides the general framework for data sharing, the legal dimension of a data space includes a contractual framework so that the different participants can agree on specified rules that fit their data sharing context. In a decentralized organization where participants are free to choose their contract partner and freely agree on contract terms, the contractual framework means a suggested model of terms that can be amended according to the needs (template approach).

Considering IDSA's focus on other dimensions and the importance of alliance with other initiatives, IDSA takes an "adopting & consolidation approach" to the contractual framework. Therefore, IDSA did not invent an own set of legal agreements for IDS participants to be used instead opting to suggest an already established contractual framework modified regarding IDS specifics.

SITRA's rulebook for a fair data economy provides tools for networks where organizations can share data and create services. The rulebook model includes contractual templates and tools for building a data sharing network. It sets out legal, business, technical, security, and administrative rules as well as ethical guidelines to be observed by organizations in data sharing networks. The rulebook model consists, among other things, of contractual templates, a set of control questions and a draft code of conduct that can be used to create a customized rulebook for a data network. Sitra published the first version of the rulebook for a fair data economy in 2020 and has updated it several times since. The rulebook model is backed by Sitra's longterm work on the fair data economy and a large group of experts from companies and other organizations who have made valuable contributions to the rulebook model.

The basic principles of the Sitra rulebook align well with the goals of this IDSA Rulebook:

Sovereignty

IDS has made sovereignty of the data owner its most important design principle. In the Rulebook data provider has sovereignty over its data. The instrument for the data provider to exercise its sovereignty is through the data terms of use, in which the data provider can decide to whom it grants access and under what conditions it releases the data for use by others in the data network. Trust Enabling trust is the first of the foundational IDS concepts. Trust is encompassed in the Sitra Rulebook primarily through the balance between the sovereign data providers and data users building new business with the data. For instance, seizing the provision of data is allowed, the termination period can be set to fit the needs of the business or even initial fixed terms can be agreed upon. By default, the data already distributed may still be used by the data user after termination, but the provision of new data is seized. The balance is also found in the clauses defining the boundary between data and derived material in a way that it fits the context and needs of the data provider and the data user. The Sitra rulebook also includes clauses on auditing and extensive tools for ensuring that data security and ethical principles are taken into account in the design of data networks.

Considering the IDS dimensions, the SITRA templates are a valuable basis to create the contract framework for data sharing based on IDS principles and specifications. IDSA follows a "narrow" approach regarding the suggested contract templates as the idea is to provide a general framework that should be amended according to the specific needs.