Third-party data use
Third-party data use
Third-party data terms and conditions including data use agreements and contractual restrictions
When researchers use data obtained from external organisations or commercial providers, they must comply with third-party data terms and conditions. These conditions are usually defined through data use agreements (DUAs) or other contractual arrangements that specify how the data can be accessed, used, stored, and shared. Such agreements are designed to protect the rights of the data provider, ensure responsible use of the data, and prevent misuse or unauthorised distribution.
A data use agreement typically outlines the responsibilities of the researcher or institution receiving the data. It may include conditions such as restrictions on redistributing the dataset, requirements for secure storage, limits on who can access the data within the research team, and obligations to acknowledge the data provider in publications. In some cases, the agreement may also specify how long the data can be retained and whether it must be deleted after the project has been completed.
Contractual restrictions may also limit how the data can be shared with others. For example, researchers may be prohibited from depositing the dataset in open repositories or sharing it with other researchers without permission from the original data provider. In these situations, researchers must carefully review the licence or contract before attempting to share or reuse the data. Compliance with these contractual obligations is essential, as failure to follow them may lead to legal consequences and damage relationships with data providers.
Overall, when working with third-party data, researchers must ensure that their data management and sharing practices align with the terms specified in the data use agreement or licence. Understanding and respecting these contractual conditions is an important part of responsible and lawful research data management.
Case studies
Researchers may encounter difficulties when depositing data in a repository if the dataset includes information obtained from third-party sources that are subject to data use agreements (DUAs) or other contractual restrictions.
A research team used a commercial consumer behaviour dataset purchased from a private data provider. When attempting to deposit their research data in a repository, they discovered that the licence agreement explicitly prohibited redistribution of the original dataset.
Because of this contractual restriction, the repository could not accept the dataset. Instead, the researchers deposited only the code, metadata, and instructions explaining how other researchers could obtain the original data directly from the commercial provider.
Researchers conducted a study using administrative data accessed through a government secure data service under a strict data access agreement. When preparing to deposit their dataset, they realised that the agreement allowed them to analyse the data but did not permit them to redistribute it outside the secure environment.
As a result, the researchers were unable to deposit the dataset in a repository and instead shared only aggregated results and documentation describing the methodology.
In a collaborative project between a university and a private company, the research team analysed operational data provided by the company under a contractual agreement. When preparing the dataset for repository deposit, the company requested that certain variables remain confidential because they contained commercially sensitive information. The researchers therefore had to remove those variables and deposit a restricted version of the dataset along with documentation explaining the limitations on data access.
These examples demonstrate how data use agreements and contractual restrictions can limit the ability of researchers to share datasets openly, even when they wish to deposit their data in a repository. Researchers must therefore carefully review third-party data agreements and licensing terms before planning data sharing or repository deposit.