Neil Cohen, Brooklyn Law School, Brooklyn, NY
Christiane Wendehorst, University of Vienna, Department of Civil Law, Vienna, Austria
Lord Thomas of Cwmgiedd, Essex Court Chambers, London England
Steven O. Weise, Proskauer Rose, Los Angeles, CA
ALI-ELI Principles for a Data Economy
- Data Transactions and Data Rights -
Tentative Draft No. 2 (12April 2021)
Neil Cohen and Christiane Wendehorst
Tentative Draft No. 2 contains the entire project: Part I, General Provisions; Part II, Data Contracts; Part III, Data Rights; Part IV, Third Party Aspects of Data Activities; and Part V, Multi-State Issues. This draft was approved by the membership at the 2021 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. The project will be presented next at the ELI’s annual meeting. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 1 contains Principles 1-4 of Part I, General Provisions; Principles 5-6 of Part II, Chapter A, Rules and Principles Governing Data Contracts; Principles 7-10 of Part II, Chapter B, Contracts for Supply or Sharing of Data; Principles 15-16 of Part III, Chapter A, Rules and Principles Governing Data Rights, and Principles 17-22 of Part III, Chapter B, Data Rights with Regard to Co-Generated Data. This draft was prepared for consideration at the 2020 Annual Meeting, which was cancelled. The draft has not been considered by the membership of ALI and therefore does not represent the position of the Institute on any of the issues with which it deals. The draft may be revised or supplemented prior to consideration by the membership in 2021.