Common use of Dataset Clause in Contracts

Dataset. The Dataset will consist of all the files transferred by the Depositor and the metadata provided by the Depositor as described in Section 1. Metadata is understood to mean the contents of all fields that must be completed in the archival system at the time of deposit in order to describe the Dataset.
The
Depositor warrants that the Dataset corresponds to the metadata provided by the Depositor in the Data Deposit Form
. The Depositor will provide the files in a preferred format, as defined on ISSDA’s File Format Policy at the time of deposit. In the event that a format is not defined as a preferred format, the Depositor will contact ISSDA before delivery. A different file format may only be supplied with the written consent of ISSDA. The Depositor will provide documentation with the Dataset that explains its creation, contents and any specific values (such as codes, characters and abbreviations), its structure (such as folder structures and relationships between files) and its actual use (such as that of software) to third parties (“Related Documentation”). The Depositor acknowledges that the Related Documentation described in Section 1 and shared by the Depositor shall be available to Researchers via ISSDA’s website without restriction. ISSDA will make the metadata associated with the Dataset freely available. The metadata associated with the Dataset will be included in ISSDA’s databases and publications and will be accessible to everyone. The Depositor will make the Dataset available to ISSDA in a manner and through a medium that ISSDA deems suitable. The Depositor has identified the Dataset as containing personal data. The Depositor shall pseudonymise any personal data included in the Dataset which shall be made available to ISSDA under a unique corresponding code and without any directly identifiable personal data. The metadata and file names shall not contain any personal data. Only bibliographical data which exclusively refer to personal data that are necessary for the accountability of the Dataset, such as its creator, rights holders and citations (hereinafter: “Bibliographical Data”) are allowed. It is explicitly forbidden to include directly identifying personal data in the deposited Dataset, the metadata and file names.
The Depositor represents and warrants that any personal data (as defined by Article 4 of the GDPR) contained in the Dataset has been processed in accordance with all applicable legislation and regulations relating to the protection of personal data including (without limitation) the Data Protection Acts 1988-2018, GDPR, the Health Research Regulations and all other applicable legislation or codes of practice relating to the processing of personal data or privacy or any amendments and re-enactments thereof (“Data Protection Legislation”). Without prejudice to the generality of the foregoing, the Depositor represents and warrants that it has an appropriate legal basis for processing any personal data contained in the Dataset and it has obtained all consents and permissions necessary for the processing of such personal data. The Depositor warrants that such legal basis, consents and permissions permit the Dataset to be deposited with ISSDA in the manner proposed by this Agreement. The licence It is agreed that the Depositor will remain the controller of the Dataset within the meaning of the GDPR and ISSDA will be a processor within the meaning of the GDPR. The Parties shall complete the data processing agreement, attached at Appendix 3 (the “Data Processing Agreement”) except in the case of Bibliographical Data.  The End User shall be an independent Data Controller of the Dataset. The Depositor may submit a reasoned request to ISSDA to make the Dataset temporarily or permanently unavailable to End Users or to remove it entirely or partly from the archival system. ISSDA will assess the request in view of its objective. XXXXX will assess the request with due observance of the GDPR. If there are compelling reasons to do so, ISSDA has the right to remove the Dataset, or part of it, from ISSDA, or to limit or exclude access to it temporarily or permanently. In such cases, XXXXX will reasonably inform the Depositor.
ISSDA will make the Dataset, or parts of them, available to End Users who have submitted the Data Request Form and with whom they have agreed the End User Licence (see Appendix 2)
. The Depositor
acknowledges the terms of the End User Licence (the “Licence”) and agrees that XXXXX may make the Dataset available in accordance with this Licence. To the extent that the

Depositor wishes to impose special conditions on access to
the Dataset, the Depositor must complete Appendix 1 Part C (“Special Conditions”) at the time the Dataset is made available to ISSDA and these Special Conditions shall be implemented by ISSDA. If the End User is not a member of the Designated Community or, if an End User wishes to use the Dataset for commercial use, ISSDA
will forward any such requests to
the Depositor. The Depositor shall have sole discretion to grant a licence for commercial purposes and ISSDA shall not be a party to any subsequent agreement between the Depositor and the End User for such purposes. 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. Notwithstanding the above, ISSDA may make the Dataset or substantial parts of it available to third parties: if XXXXX is obliged to do so by virtue of laws and regulations, a judicial decision, or by a supervisory body; if this is necessary for preserving the Dataset or the archival system; if ISSDA 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.

Dataset. The Dataset will consist of all the files transferred by the Depositor and the metadata provided by the Depositor as described in Section 1. Metadata is understood to mean the contents of all fields that must be completed in the archival system at the time of deposit in order to describe the Dataset.
The
Depositor warrants that the Dataset corresponds to the metadata provided by the Depositor in the Data Deposit Form
. The Depositor will provide the files in a preferred format, as defined on ISSDA’s File Format Policy at the time of deposit. In the event that a format is not defined as a preferred format, the Depositor will contact ISSDA before delivery. A different file format may only be supplied with the written consent of ISSDA. The Depositor will provide documentation with the Dataset that explains its creation, contents and any specific values (such as codes, characters and abbreviations), its structure (such as folder structures and relationships between files) and its actual use (such as that of software) to third parties (“Related Documentation”). The Depositor acknowledges that the Related Documentation described in Section 1 and shared by the Depositor shall be available to Researchers via ISSDA’s website without restriction. ISSDA will make the metadata associated with the Dataset freely available. The metadata associated with the Dataset will be included in ISSDA’s databases and publications and will be accessible to everyone. The Depositor will make the Dataset available to ISSDA in a manner and through a medium that ISSDA deems suitable. The Depositor has identified the Dataset as containing personal data. The Depositor shall pseudonymise any personal data included in the Dataset which shall be made available to ISSDA under a unique corresponding code and without any directly identifiable personal data. The metadata and file names shall not contain any personal data. Only bibliographical data which exclusively refer to personal data that are necessary for the accountability of the Dataset, such as its creator, rights holders and citations (hereinafter: “Bibliographical Data”) are allowed. It is explicitly forbidden to include directly identifying personal data in the deposited Dataset, the metadata and file names.
The Depositor represents and warrants that any personal data (as defined by Article 4 of the GDPR) contained in the Dataset has been processed in accordance with all applicable legislation and regulations relating to the protection of personal data including (without limitation) the Data Protection Acts 1988-2018, GDPR, the Health Research Regulations and all other applicable legislation or codes of practice relating to the processing of personal data or privacy or any amendments and re-enactments thereof (“Data Protection Legislation”). Without prejudice to the generality of the foregoing, the Depositor represents and warrants that it has an appropriate legal basis for processing any personal data contained in the Dataset and it has obtained all consents and permissions necessary for the processing of such personal data. The Depositor warrants that such legal basis, consents and permissions permit the Dataset to be deposited with ISSDA in the manner proposed by this Agreement. The licence It is agreed that the Depositor will remain the controller of the Dataset within the meaning of the GDPR and ISSDA will be a processor within the meaning of the GDPR. The Parties shall complete the data processing agreement, attached at Appendix 3 (the “Data Processing Agreement”) except in the case of Bibliographical Data.  The End User shall be an independent Data Controller of the Dataset. The Depositor may submit a reasoned request to ISSDA to make the Dataset temporarily or permanently unavailable to End Users or to remove it entirely or partly from the archival system. ISSDA will assess the request in view of its objective. XXXXX ISSDA will assess the request with due observance of the GDPR. If there are compelling reasons to do so, ISSDA has the right to remove the Dataset, or part of it, from ISSDA, or to limit or exclude access to it temporarily or permanently. In such cases, XXXXX ISSDA will reasonably inform the Depositor.
ISSDA will make the Dataset, or parts of them, available to End Users who have submitted the Data Request Form and with whom they have agreed the End User Licence (see Appendix 2)
. The Depositor
acknowledges the terms of the End User Licence (the “Licence”) and agrees that XXXXX ISSDA may make the Dataset available in accordance with this Licence. To the extent that the

Depositor wishes to impose special conditions on access to
the Dataset, the Depositor must complete Appendix 1 Part C (“Special Conditions”) at the time the Dataset is made available to ISSDA and these Special Conditions shall be implemented by ISSDA. If the End User is not a member of the Designated Community or, if an End User wishes to use the Dataset for commercial use, ISSDA
will forward any such requests to
the Depositor. The Depositor shall have sole discretion to grant a licence for commercial purposes and ISSDA shall not be a party to any subsequent agreement between the Depositor and the End User for such purposes. 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. Notwithstanding the above, ISSDA may make the Dataset or substantial parts of it available to third parties: if XXXXX ISSDA is obliged to do so by virtue of laws and regulations, a judicial decision, or by a supervisory body; if this is necessary for preserving the Dataset or the archival system; if ISSDA 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.

Dataset. The Dataset will consist of all the files transferred by the Depositor and the metadata provided by the Depositor as described in Section 1. Metadata is understood to mean the contents of all fields that must be completed in the archival system at the time of deposit in order to describe the Dataset.
The
Depositor warrants that the Dataset corresponds to the metadata provided by the Depositor in the Data Deposit Form
. The Depositor will provide the files in a preferred format, as defined on ISSDA’s File Format Policy at the time of deposit. In the event that a format is not defined as a preferred format, the Depositor will contact ISSDA before delivery. A different file format may only be supplied with the written consent of ISSDA. The Depositor will provide documentation with the Dataset that explains its creation, contents and any specific values (such as codes, characters and abbreviations), its structure (such as folder structures and relationships between files) and its actual use (such as that of software) to third parties (“Related Documentation”). The Depositor acknowledges that the Related Documentation described in Section 1 and shared by the Depositor shall be available to Researchers via ISSDA’s website without restriction. ISSDA will make the metadata associated with the Dataset freely available. The metadata associated with the Dataset will be included in ISSDA’s databases and publications and will be accessible to everyone. The Depositor will make the Dataset available to ISSDA in a manner and through a medium that ISSDA deems suitable. The Depositor has identified the Dataset as not containing personal data. The Depositor shall pseudonymise any personal data included in warrants that the Dataset which shall be made available to ISSDA under a unique corresponding code and without any directly identifiable personal data. The metadata and file names shall not contain any personal data. Only bibliographical data which exclusively refer to personal data that are necessary for the accountability of the Dataset, such as its creator, rights holders and citations (hereinafter: “Bibliographical Data”) are allowed. It is explicitly forbidden to include directly or indirectly identifying personal data in the deposited Dataset, the metadata and file names.
The Depositor represents and warrants that the Dataset does not contain any personal data (as defined by Article 4 of the GDPR) contained in the Dataset has been processed in accordance with all applicable legislation and regulations relating to the protection of personal data including (without limitation) the General Data Protection Acts 1988-2018, GDPR, the Health Research Regulations and all other applicable legislation or codes of practice relating to the processing of personal data or privacy or any amendments and re-enactments thereof Regulation 2016/679 (“Data Protection LegislationGDPR”). Without prejudice to the generality of the foregoing, the Depositor represents and warrants that it has an appropriate legal basis for processing any personal data contained in the Dataset and it has obtained all consents and permissions necessary for the processing of such personal data. The Depositor warrants that such legal basis, consents and permissions permit the Dataset to be deposited with ISSDA in the manner proposed by this Agreement). The licence If it transpires that the Dataset contains personal data as defined by Article 4 of the GDPR, It is agreed that the Depositor will remain the controller of the Dataset within the meaning of the GDPR and ISSDA will be a processor within the meaning of the GDPR. The Parties shall complete the data processing agreement, attached at Appendix 3 (the “Data Processing Agreement”) except in the case of Bibliographical Data.  The End User shall be an independent Data Controller of the Dataset. The Depositor may submit a reasoned request to ISSDA to make the Dataset temporarily or permanently unavailable to End Users or to remove it entirely or partly from the archival system. ISSDA will assess the request in view of its objective. XXXXX ISSDA will assess the request with due observance of the GDPR. If there are compelling reasons to do so, ISSDA has the right to remove the Dataset, or part of it, from ISSDA, or to limit or exclude access to it temporarily or permanently. In such cases, XXXXX ISSDA will reasonably inform the Depositor.
ISSDA will make the Dataset, or parts of them, available to End Users who have submitted the Data Request Form and with whom they have agreed the End User Licence for Non-Personal Data (see Appendix 2)
. The Depositor
acknowledges the terms of the End User Licence (the “Licence”) and agrees that XXXXX ISSDA may make the Dataset available in accordance with this Licence. To the extent that the

Depositor wishes to impose special conditions on access to
the Dataset, the Depositor must complete identify such conditions at Appendix 1 Part C (“Special Conditions”) at the time the Dataset is made available to ISSDA and these Special Conditions shall be implemented by ISSDA. If the End User is not a member of the Designated Community or, if an End User wishes to use the Dataset for commercial use, ISSDA
will forward any such requests to
the Depositor. The Depositor shall have sole discretion to grant a licence for commercial purposes and ISSDA shall not be a party to any subsequent agreement between the Depositor and the End User for such purposes. 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. Notwithstanding the above, ISSDA may make the Dataset or substantial parts of it available to third parties: if XXXXX ISSDA is obliged to do so by virtue of laws and regulations, a judicial decision, or by a supervisory body; if this is necessary for preserving the Dataset or the archival system; if ISSDA 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..

Dataset. The Dataset will consist of all the files transferred by the Depositor and the metadata provided by the Depositor as described in Section 1. Metadata is understood to mean the contents of all fields that must be completed in the archival system at the time of deposit in order to describe the Dataset.
The
Depositor warrants that the Dataset corresponds to the metadata provided by the Depositor in the Data Deposit Form
. The Depositor will provide the files in a preferred format, as defined on ISSDA’s File Format Policy at the time of deposit. In the event that a format is not defined as a preferred format, the Depositor will contact ISSDA before delivery. A different file format may only be supplied with the written consent of ISSDA. The Depositor will provide documentation with the Dataset that explains its creation, contents and any specific values (such as codes, characters and abbreviations), its structure (such as folder structures and relationships between files) and its actual use (such as that of software) to third parties (“Related Documentation”). The Depositor acknowledges that the Related Documentation described in Section 1 and shared by the Depositor shall be available to Researchers via ISSDA’s website without restriction. ISSDA will make the metadata associated with the Dataset freely available. The metadata associated with the Dataset will be included in ISSDA’s databases and publications and will be accessible to everyone. The Depositor will make the Dataset available to ISSDA in a manner and through a medium that ISSDA deems suitable. The Depositor has identified the Dataset as not containing personal data. The Depositor shall pseudonymise any personal data included in warrants that the Dataset which shall be made available to ISSDA under a unique corresponding code and without any directly identifiable personal data. The metadata and file names shall not contain any personal data. Only bibliographical data which exclusively refer to personal data that are necessary for the accountability of the Dataset, such as its creator, rights holders and citations (hereinafter: “Bibliographical Data”) are allowed. It is explicitly forbidden to include directly or indirectly identifying personal data in the deposited Dataset, the metadata and file names.
The Depositor represents and warrants that the Dataset does not contain any personal data (as defined by Article 4 of the GDPR) contained in the Dataset has been processed in accordance with all applicable legislation and regulations relating to the protection of personal data including (without limitation) the General Data Protection Acts 1988-2018, GDPR, the Health Research Regulations and all other applicable legislation or codes of practice relating to the processing of personal data or privacy or any amendments and re-enactments thereof Regulation 2016/679 (“Data Protection LegislationGDPR”). Without prejudice to the generality of the foregoing, the Depositor represents and warrants that it has an appropriate legal basis for processing any personal data contained in the Dataset and it has obtained all consents and permissions necessary for the processing of such personal data. The Depositor warrants that such legal basis, consents and permissions permit the Dataset to be deposited with ISSDA in the manner proposed by this Agreement). The licence If it transpires that the Dataset contains personal data as defined by Article 4 of the GDPR, It is agreed that the Depositor will remain the controller of the Dataset within the meaning of the GDPR and ISSDA will be a processor within the meaning of the GDPR. The Parties shall complete the data processing agreement, attached at Appendix 3 (the “Data Processing Agreement”) except in the case of Bibliographical Data.  The End User shall be an independent Data Controller of the Dataset. The Depositor may submit a reasoned request to ISSDA to make the Dataset temporarily or permanently unavailable to End Users or to remove it entirely or partly from the archival system. ISSDA will assess the request in view of its objective. XXXXX will assess the request with due observance of the GDPR. If there are compelling reasons to do so, ISSDA has the right to remove the Dataset, or part of it, from ISSDA, or to limit or exclude access to it temporarily or permanently. In such cases, XXXXX ISSDA will reasonably inform the Depositor.




The Depositor has determined that the files in the Dataset shall be Open Access. ISSDA will make the DatasetDataset available directly to End Users, providing either the public domain statement or a Creative Commons Licence. ISSDA will make the Dataset as a whole, as well as its content or parts of themits content, available to End Users who have submitted under the Data Request Form and with whom they have agreed the End User Licence (see Appendix 2)
. The Depositor
acknowledges the terms conditions of the End User Licence (the “Creative Commons Licence”) and agrees that XXXXX may make the Dataset available in accordance with this Licence. To the extent that the

Depositor wishes to impose special conditions on access to
the Dataset, the Depositor must complete Appendix 1 Part C (“Special Conditions”) at the time the Dataset is made available to ISSDA and these Special Conditions shall be implemented by ISSDA. If the End User is not a member of the Designated Community or, if an End User wishes to use the Dataset for commercial use, ISSDA
will forward any such requests to
the Depositor. The Depositor shall have sole discretion to grant a licence for commercial purposes and ISSDA shall not be a party to any subsequent agreement between the Depositor and the End User for such purposes. 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. Notwithstanding the above, ISSDA may make the Dataset or substantial parts of it available to third parties: if XXXXX ISSDA is obliged to do so by virtue of laws and regulations, a judicial decision, or by a supervisory body; if this is necessary for preserving the Dataset or the archival system; if ISSDA 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..