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

[Jenifer Holman]

Hi Leah -

The most troubling thing about our recent license negotiations with
Springer was their refusal to remove the confidentiality clause from the
license. Thus, we are unable to discuss it.

While public universities and large consortia seem to be granted relief
from confidentiality clauses, small private colleges do not apparently
merit the same courtesy. While I doubt any of us would peddle trade
secrets, these clauses prohibit us from learning from each other about
licensing.

Good luck with your negotiations! And if anyone has been able to remove the
confidentiality agreement, please share!

Jen Holman
~~~~~~~~~~~~~~~
Jenifer Holman
Electronic Resources Librarian
Van Wylen Library, Hope College
53 Graves Place
Holland, MI 49423

phone: 616-395-7793
email: holman at hope.edu


On Tue, Aug 7, 2018 at 10:52 AM Matthew J. Gallagher <
ma.gallagher at usciences.edu> wrote:

> 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>
> *Sent:* Tuesday, August 07, 2018 10:00 AM
> *To:* Donley, Leah <donley at bnl.gov>; 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 Licen*sor’s *responsibility
> to obtain the necessary approvals.
>
>
>
> -Angie
>
> Angela Rathmel
> Head of Acquisitions & Resource Sharing
> University of Kansas Libraries
> Email <aroads at ku.edu> | Phone <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> *On Behalf Of *Donley,
> Leah
> *Sent:* Tuesday, August 7, 2018 8:45 AM
> *To:* 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
>
>
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