FOR SHARE - JULY SNAPSHOT - LEGAL FRAMEWORKS FOR DATASPACE - Contractual framework - Two-pages description

Last updated: 3 July 2023, 09:46

Early draft

Please be aware that the Data Spaces Blueprint content shared in these pages are a very early draft published on 2023-07-01. The current draft is incomplete and the content might still change.

SAVE-THE-DATE 01-10/09/2023: We will welcome your feedbacks to future improve the Data Spaces Blueprint during the Public consultation that will open on September the 1st 2023 until September the 10th. Please mark these dates in your calendar and get ready!

Contractual framework

 

Introduction

 

The contractual framework building block provides contract templates and/or contractual modules that are aimed at:

  • establishing the necessary contractual framework between the different data space members, data space enablers and governance body;

  • providing contractual resources to enable data transactions (bilateral or multi-party) within the data space.

 

More mature versions of this building block may also provide elements of contract automation aimed at reducing transaction costs within a data space.

 

Goal

 

Why is this building block important? What problem does it resolve? What value does it bring to data spaces?

 

In order for a data space to operate, a number of agreements have to be put in place that define the respective rights and responsibilities of the data space members, data space enablers and the governance body. This building block provides the necessary resources and tools to establish such agreements.

 

At the level of data transactions, the contractual framework building block should provide with contract templates or modules (generic and/or use case specific) to allow transaction participants to regulate their transaction, as well as potentially provide tools to automate particular steps on the contracting stage (e.g. contract conclusion, compliance monitoring and termination of contract).

 

Key functions

 

A list of the main functions that the building block needs to fulfill, along with a brief description of each function.

 

·        Function 1:

→ Provide for a contractual framework for the operation and governance of the data space

·        Function 2:

→ Provide contractual resources for data transactions within a data space

 

Interrelations

There is a strong link between the contractual framework building block and the regulatory requirements building block. The contractual framework within a data space needs to be in line with regulatory requirements and should be evaluated and, if necessary, adapted as the legal landscape evolves.

 

This building block further needs to align with the governance choices that are made within the data space, as well as with the technical set-up within a data space. Any changes made within the governance structure, or any changes made with regards to the technical infrastructure, need to be reflected in the contractual framework.

 

 

Future outlook

This building block is still under development. Further iterations of this building block will specify the minimal components that an implementation of this building block should contain, as well as a list of optional components and functions that it could contain.