Data Rights Law

What are data rights?

The government frequently licenses rights in technical data and software from private companies.  In some cases, the government will negotiate specific license terms, but in most cases, the government will use predefined FAR and DFARS clauses. 

These clauses impose specific requirements on contractors who attempt to limit the extent of the government’s license.  Understanding these clauses is essential in successfully licensing data to the government. 

A poorly thought-out data licensing strategy can result in lost revenues, legal liability, and sensitive data ending up in competitor’s hands. 

How we can help

We help our clients with a wide range of data rights related work.  From basic inventory, so that clients know what they have on hand, to dispute resolution, if the government challenges the assertion of rights, we help clients maximize the value of the data and software that they’ve worked so hard to develop.   

We can also help clients who have already licensed data to the government or any other organization, and they find out that the government received more data rights than the contractor thought they had negotiated. 

Our services include:

  • Data Inventories 
  • Data Licensing Strategy Development 
  • Contract Review 
  • Contract Negotiation 
  • Dispute Resolution

 


Featured Team

Brandon Graves is a Partner at Centre Law & Consulting focusing on cybersecurity and privacy. He helps clients manage cybersecurity and supply chain crises, operate more securely, and comply with their contractual obligations.

Edward Bailey

Associate Attorney

Related Insights

Executive Order

Biden’s Cybersecurity Order and You

On May 12, 2021, President Biden signed the Executive Order on Improving the Nation’s Cybersecurity (EO). Driven in part by recent cyberattacks on network tools, enterprise software, and critical infrastructure, the EO implements (or attempts to implement; more on that later) a veritable wish-list of cybersecurity provisions.

Read More »