[Eril-l] Personally identifiable information clause in SpringerNature license

Tue Aug 7 07:52:21 PDT 2018

Hi Leah,

We came across this language last summer and found it problematic and broad in scope as well. Since I knew we wouldn't have much luck negotiating different language either, I asked for some examples in writing from their legal department on when this clause could be invoked to clarify its intent. They were happy to provide it and I would recommend requesting something similar in writing as a precaution. From what I was provided, the clause is stemming from their need to be in compliance with data privacy laws, such as GDPR. They may need to have access to certain information (IPs, Usernames and Passwords) that may be considered private depending on the country in order to perform their contractual obligations.

I realize it's not the best solution, but better to have some clarifying legalese just in case.

Best,

Matt Gallagher
Assistant Professor, Information Science
Collection Management & Metadata Librarian
University of the Sciences
600 S. 43rd St., Philadelphia, PA 19104
Ph: (215) 596-8963

From: Eril-l [mailto:eril-l-bounces at lists.eril-l.org] On Behalf Of Donley, Leah
Sent: Tuesday, August 7, 2018 10:08 AM
To: Rathmel, Angela <aroads at ku.edu>
Cc: eril-l at lists.eril-l.org
Subject: Re: [Eril-l] Personally identifiable information clause in SpringerNature license

Hi Angie,

Thank you for your response.  I should have mentioned that I requested changing "Licensee" to "Licensor", which has so far been denied.

Thank you,
Leah
From: Rathmel, Angela <aroads at ku.edu<mailto:aroads at ku.edu>>
Sent: Tuesday, August 07, 2018 10:00 AM
To: Donley, Leah <donley at bnl.gov<mailto:donley at bnl.gov>>; Eril-l at lists.eril-l.org<mailto:Eril-l at lists.eril-l.org>
Subject: RE: Personally identifiable information clause in SpringerNature license

I don't know if we've successfully changed it yet, will need to double check with my staff.  But, I would think it should be the Licensor's responsibility to obtain the necessary approvals.

-Angie
Angela Rathmel
Head of Acquisitions & Resource Sharing
University of Kansas Libraries
Email<mailto:aroads at ku.edu> | Phone<tel:785/864-8834> | IM | About me<https://lib.ku.edu/angie-rathmel>
St. Silouan the Athonite, on printing this email:
'That green leaf on the tree which you needlessly plucked - it was not wrong, only rather a pity for the little leaf.'

From: Eril-l <eril-l-bounces at lists.eril-l.org<mailto:eril-l-bounces at lists.eril-l.org>> On Behalf Of Donley, Leah
Sent: Tuesday, August 7, 2018 8:45 AM
To: Eril-l at lists.eril-l.org<mailto:Eril-l at lists.eril-l.org>
Subject: [Eril-l] Personally identifiable information clause in SpringerNature license

The latest SpringerNature T&C has a section on personally identifiable information (copied below).  Has anyone successfully changed it or do you have standard language that you use instead?  I haven't come across language like this in any of our other agreements and so far am not having luck negotiating changes.  My main issue is with the first sentence.  It seems unreasonable that we would be responsible for obtaining approvals and consent for a publisher to receive/process pii from our users, not to mention it's something that I don't want to get involved with for a variety of reasons.  I would appreciate any suggestions that you may have!

In the event that Licensor's performance of its obligations under this License Agreement requires that Licensor receive or otherwise process any personal data of Authorized Users, then Licensee shall obtain, if applicable, all necessary approvals and consent from Authorized Users for transfers of personal data to Licensor.  Personally indentifiable information collected or retained by the licensor is confidential and shall not be released without the prior written and explicit consent of the patron and the licensee

Thank you,
Leah Donley

Leah Donley
Research Library
Brookhaven National Laboratory
Tel: 631-344-7469
Email: donley at bnl.gov<mailto:donley at bnl.gov>

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