Common use of Availability to third parties Clause in Contracts

Availability to third parties. 6.1. All or part of the Dataset files will be made available to third parties in accordance with one or more access categories agreed with the Depositor: “Open Access” or “Restricted Access”, possibly with the addition of an embargo (see Appendix 1). If Restricted Access is applied, part of the files may be made available directly to third parties, in consultation with the Depositary. 6.2. If Open Access is applied, the Depositor determines whether the files in the Dataset are placed in the public domain or whether a licence (hereinafter: “Open Access Licence”) shall apply (see Appendix 1). 6.3. If the Open Access category has been agreed with the Depositor, the Depositary will make the Dataset available directly to third parties, providing either the public domain statement or the agreed Open Access Licence. 6.4. The Open Access Licence provided for the Open Access category by the Depositor will apply to all files and their contents, to the extent that they are protected by copyright. The Depositary will make the Dataset as a whole, as well as its content or parts of its content, available under the conditions of the specified licence. 6.5. If the files in the Dataset, or parts of them, contain personal data within the meaning of the GDPR, the Restricted Access category will be applied exclusively and the files will not be made available directly to third parties. 6.6. If the Depositor and Depositary agree on Restricted Access, the following shall apply: a. The Depositary will make the files in the Dataset, or parts of them, exclusively available to users registered with the Depositary with whom they have agreed the DANS Licence (see Appendix 2) (hereinafter: “Users”). The Depositor has taken note of the DANS Licence and agrees to make the Dataset available in accordance with this licence. The Depositor is free to impose further conditions on Users prior to making the Dataset available. b. In addition to the aforementioned provisions, the Depositary will only make the files in the Dataset, or parts of them, available to Users who have submitted a permission request for access to the Dataset and who have subsequently been granted such permission by the Depositor. c. If a Dataset with Restricted Access includes files which the Depositor wishes to provide without the required permission as referred to under (b), the Depositary shall make the files directly available to third parties at the request of the Depositor, referring to the DANS Licence. d. The Depositor will ensure the availability of a stable email address and check it regularly so that permission requests can be processed within a reasonable period of time. e. The Depositary will facilitate consultations between the Depositor and the User who wants to use a Dataset, but cannot be held responsible for the Depositor’s decision whether or not to make the Dataset available, nor for any conditions under which this is done. 6.7. Contrary to the above, the Depositary may make the Dataset or substantial parts of it available to third parties: a. if the Depositary is obliged to do so by virtue of laws and regulations, a judicial decision, or by a supervisory body; b. if this is necessary for preserving the Dataset or the archival system; c. if the Depositary ceases to exist and/or terminates its activities in the field of data archiving, or transfers its activities to a similar institution in compliance with Article 8. 6.8. The Depositary will make the metadata associated with the Dataset freely available. 6.9. The metadata associated with the Dataset will be included in the Depositary’s databases and publications, and will be accessible to everyone. 6.10. When a Dataset no longer contains any personal data within the meaning of the GDPR, the Depositor and the Depositary may decide to change its access category.

Availability to third parties. 6.13.1. All With the exception of datasets for which an embargo period or part of the Dataset files restricted access applies, all datasets will be made available to third parties in accordance with one or more access categories agreed with the Depositor: “Open Access” or “Restricted Access”, possibly with the addition of an embargo (see Appendix 1). If Restricted Access is applied, part of the files may be made available directly accessible to third parties, in consultation . Third parties do not have to register with the Depositary. 6.2Repository. If Open Access is applied, the Depositor determines whether the files in the Dataset are The dataset will be placed in the public domain or whether a licence (hereinafter: “Open Access Licence”) shall apply (see Appendix 1). 6.3. If the Open Access category has been agreed with the Depositor, the Depositary will make the Dataset available directly to third parties, providing either the public domain statement or the agreed Open Access Licence. 6.4. The Open Access Licence provided for the Open Access category by the Depositor will apply to all files and their contents, to the extent that they are protected by copyright. The Depositary will make the Dataset as a whole, as well as its content or parts of its content, made available under the conditions of the specified a suitable licence. 6.53.2. The Repository shall make the dataset available only to third parties who have agreed to comply with the Terms of Use. 3.3. If the files in of the Dataset, or parts of them, dataset contain personal pseudonymised data within the meaning of the GDPRGDPR (with the exception of sensitive personal data and special categories of personal data), the access category “Restricted Access category access” will be applied exclusively and the files will not be made available directly to third parties. 6.63.4. If the Depositor and Depositary Repository agree on the access category “Restricted Accessaccess”, the following shall apply: a. The Depositary will make the files in the Dataset, or parts of them, exclusively available to users registered with the Depositary with whom they have agreed the DANS Licence (see Appendix 2) (hereinafter: “Users”). The Depositor has taken note of the DANS Licence and agrees to make the Dataset available in accordance with this licence. The Depositor is free to impose further conditions on Users prior to making the Dataset available. b. In addition to the aforementioned provisions, the Depositary Repository will only make the files in the Dataset, or parts of them, dataset available to Users users who have submitted a permission request for access to the Dataset dataset and who have subsequently been granted such permission by the Depositor. c. b. If a Dataset dataset with the access category “Restricted Access access” includes files which the Depositor wishes to provide without the required permission as referred to under (ba), the Depositary Repository shall make the files directly available to third parties at the request of the Depositor, referring to the DANS Licence. d. c. The Depositor will ensure the availability of a stable email address and check it regularly so that permission requests can be processed within a reasonable period of time. e. d. The Depositary Repository will facilitate consultations between the Depositor and the User user who wants to use a Datasetdataset, but cannot be held responsible for the Depositor’s decision whether or not to make the Dataset dataset available, nor for any conditions under which this is done. 6.73.5. If the access category “Embargoed access” is applied, the files of the dataset will not be made available for up to two years from the commencement of this agreement. After this period has expired, the dataset will be made freely available and the public-domain declaration or licence will automatically take effect. Extension of this period will only be possible for compelling reasons and in consultation with the Repository. 3.6. Contrary to the above, the Depositary Repository may make the Dataset dataset or substantial parts of it available to third parties: a. if the Depositary Repository is obliged to do so by virtue of laws and regulations, regulations or a judicial decision, or by a supervisory body; b. if this is necessary for preserving the Dataset or the archival system; c. if the Depositary ceases to exist and/or terminates its activities in the field of data archiving, or transfers its activities to a similar institution in compliance with Article 8. 6.8. The Depositary will make the metadata associated with the Dataset freely available. 6.9. The metadata associated with the Dataset will be included in the Depositary’s databases and publications, and will be accessible to everyone. 6.10. When a Dataset no longer contains any personal data within the meaning of the GDPR, the Depositor and the Depositary may decide to change its access category.

Availability to third parties. 6.13.1. All or part With the exception of the Dataset files datasets for which restricted access applies, all datasets will be made available to third parties in accordance with one or more access categories agreed with the Depositor: “Open Access” or “Restricted Access”, possibly with the addition of an embargo (see Appendix 1). If Restricted Access is applied, part of the files may be made available directly accessible to third parties, in consultation . Third parties do not have to register with the Depositary. 6.2Repository. If Open Access is applied, the Depositor determines whether the files in the Dataset are The dataset will be placed in the public domain or whether a licence (hereinafter: “made available under an Open Access Licence”) shall apply (see Appendix 1). 6.3. If the Open Access category has been agreed with the Depositor, the Depositary will make the Dataset available directly to third parties, providing either the public domain statement or the agreed Open Access Licence. 6.4. The Open Access Licence provided for the Open Access category by the Depositor will apply to all files and their contents, to the extent that they are protected by copyright. The Depositary will make the Dataset as a whole, as well as its content or parts of its content, available under the conditions of the specified licence. 6.53.2. The Repository shall make the dataset available only to third parties who have agreed to comply with the Terms of Use. 3.3. If the files in of the Dataset, or parts of them, dataset contain personal pseudonymised data within the meaning of the GDPRGDPR (with the exception of sensitive personal data and special categories of personal data), the Restricted Access restricted access category “Confidential” will be applied exclusively and the files will not be made available directly to third parties. 6.63.4. If the Depositor and Depositary Repository agree on Restricted Accessthe restricted access category “Confidential”, the following shall apply: a. The Depositary will make the files in the Dataset, or parts of them, exclusively available to users registered with the Depositary with whom they have agreed the DANS Licence (see Appendix 2) (hereinafter: “Users”). The Depositor has taken note of the DANS Licence and agrees to make the Dataset available in accordance with this licence. The Depositor is free to impose further conditions on Users prior to making the Dataset available. b. In addition to the aforementioned provisions, the Depositary Repository will only make the files in the Dataset, or parts of them, dataset available to Users users who have submitted a permission request for access to the Dataset dataset and who have subsequently been granted such permission by the Depositor. c. b. If a Dataset dataset with Restricted Access the restricted access category “Confidential” includes files which the Depositor wishes to provide without the required permission as referred to under (ba), the Depositary Repository shall make the files directly available to third parties at the request of the Depositor, referring to the DANS Licence. d. c. The Depositor will ensure the availability of a stable email address and check it regularly so that permission requests can be processed within a reasonable period of time. e. d. The Depositary Repository will facilitate consultations between the Depositor and the User user who wants to use a Datasetdataset, but cannot be held responsible for the Depositor’s decision whether or not to make the Dataset dataset available, nor for any conditions under which this is done. 6.73.5. If the restricted access category “Embargo” is applied, the files of the dataset will not be made available for up to two years from the commencement of this agreement. After this period has expired, the dataset will be made freely available and the public-domain declaration or licence will automatically take effect. Extension of this period will only be possible for compelling reasons and in consultation with the Repository. 3.6. Contrary to the above, the Depositary Repository may make the Dataset dataset or substantial parts of it available to third parties: a. if the Depositary Repository is obliged to do so by virtue of laws and regulations, regulations or a judicial decision, or by a supervisory body; b. if this is necessary for preserving the Dataset or the archival system; c. if the Depositary ceases to exist and/or terminates its activities in the field of data archiving, or transfers its activities to a similar institution in compliance with Article 8. 6.8. The Depositary will make the metadata associated with the Dataset freely available. 6.9. The metadata associated with the Dataset will be included in the Depositary’s databases and publications, and will be accessible to everyone. 6.10. When a Dataset no longer contains any personal data within the meaning of the GDPR, the Depositor and the Depositary may decide to change its access category.