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

[Donley, Leah]

My response to Charlie was flagged as being too large for the list, so here it is again:

Thank you, this makes a lot of sense.  And my concern is indeed with users providing data directly to the publisher, and not the library passing data along (I can’t think of any instances where we do so).  I had asked SpringerNature why they wouldn’t obtain permissions at the point at which they request and obtain the data directly from users and they never really clarified this, which would have been helpful.  I  will discuss your suggestion with our legal folks.

-Leah


From: Charlie Rapple <charlie at growkudos.com>
Sent: Tuesday, August 07, 2018 10:06 AM
To: Donley, Leah <donley at bnl.gov>
Cc: Eril-l at lists.eril-l.org
Subject: Re: [Eril-l] Personally identifiable information clause in SpringerNature license

Hi Leah,

This text will be there because of the new GDPR (General Data Protection Regulations) - if you were providing user data (e.g. email addresses) to the publisher, then as an EU company Springer Nature would need you to confirm that you had the users’ permission to provide that data to parties such as Springer Nature. But if they only get your users’ data directly from users themselves (e.g. when users sign up for a SpringerNature account for things like email alerts) then you are right that in that scenario it would be down to Springer Nature to obtain consent directly for any use of that data. So it comes down to whether you expect to provide any user records to Springer Nature - if not, then the text below wouldn’t apply. Either way the licence text could be clarified to say "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 provided by the Licensee” as that is the critical distinction here - whether they get that info directly from users (their responsibility to obtain user consents) or via you (your responsibility to have obtained those consents).

I hope that helps / makes sense. Though I should add the usual caveat - I am not a lawyer!

All the best,

Charlie.





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