[Allpartners.music360-beta] updated NDA for M360

[Roel Wieringa]

Hi Lauri,
The two agreements are different, one is a data processing agreement (DPA) of the type that is also used by SCAPR; the other an NDA with GEMA and possibly, later, other CMOs for sharing data about living labs. Bruno will contact you to clarify the meaning of the DPA. Jaap and I will contact you about the NDA and our core question is: could your legal team give a suggestion about how to make more explicit the type of data to be regarded as confidential? BMAT gave a suggestion earlier, which we added as clause (2) in article 1 of the NDA. We will contact you separately about this.
Best regards,
--Roel

> -----Original Message-----
> From: Lauri Ogawa <lauri.ogawa at musiikkiluvat.fi>
> Sent: donderdag 24 oktober 2024 09:45
> To: Roel Wieringa <roel at thevalueengineers.nl>; allpartners.music360-
> beta at listserver.vu.nl
> Subject: VS: updated NDA for M360
> 
> Hi Roel and EU project team,
> 
> 
> 
> I'm commenting the NDA topic on behalf of legal representatives of Teosto
> and Gramex, hence the Finnish perspective, but I believe this concerns all
> parties involved.
> 
> 
> 
> We now have at least two different sets of NDA's EU Music 360 project is
> asking to be reviewed (Living Lab research setup/result sharing with GEMA /
> Music 360 digital platform data sharing).
> 
> 
> 
> From CMO point of view the purpose and scope of NDA needs to be defined
> in the headline or beginning in order to clearly state which specific project or
> part of data these concerns. It is just too broad and too comprehensive now.
> 
> 
> 
> For example, stating that NDA covers sharing "personal information" without
> specifying or providing examples what type of data this concern the legal
> departments and easily leads to "not approved" decisions. When I have
> explained them that this NDA concerns sharing the research setup,
> methodology and result between local living labs for EU Music 360 project
> and large German study by GEMA and it does not include personal data of
> consumers or music professionals, they have been open for the idea of
> approving NDA, but with it's current form and with reference to German law
> it cannot be approved and signed as such. Our legal representatives have
> already provided some comments and suggestions regarding the topic.
> 
> 
> 
> About the Music 360 digital platform data sharing part, Teosto's legal and ICT
> departments have decided not to sign NDA. Gramex has not made the final
> decision yet, but the general stance seems to be similar. I have presented
> and pitched the idea to them, but with the current knowledge available and
> definitions being too broad, they do not take unnecessary risks in such
> sensitive and critical area of business. I understand their stance on this part
> quite well.
> 
> 
> 
> Hence, this is the feedback and status for Finland. Despite of this critical view,
> I will keep raising the topic at least for NDA with GEMA.
> 
> 
> 
> Best, Lauri
> 
> 
> 
> -----Alkuperäinen viesti-----
> Lähettäjä: Allpartners.music360-beta <allpartners.music360-beta-
> bounces at listserver.vu.nl> Puolesta Roel Wieringa
> Lähetetty: keskiviikko 23. lokakuuta 2024 15.27
> Vastaanottaja: allpartners.music360-beta at listserver.vu.nl
> Aihe: [Allpartners.music360-beta] updated NDA for M360
> Tärkeys: Suuri
> 
> 
> 
> Dear members of M360,
> 
> Attached you find an NDA updated with a clause that we will not share raw
> data (clause (2) of section1, marked yellow). BMAT, GEMA and TVE agree
> with this clause. Could you please replace the previous version by this one,
> and ask the responsible party to sign it if they agree, or otherwise to send an
> update a.s.a.p. if they do not agree? I will verify every update with all
> partners until we have a version that we all agree with.
> 
> 
> 
> Please try to get a signature before the 1st of November, in order to be able
> to actually benefit from this NDA in the remainder of M360.
> 
> 
> 
> Thanks & best regards,
> 
> --Roel
> 
> 
> 
> -- Roel Wieringa
> 
> Managing partner, The Value Engineers, www.thevalueengineers.nl
> <http://www.thevalueengineers.nl>  Just published: Digital Business
> Ecosystems. How to Create, Deliver and Capture Value in Business Networks
> <https://www.thevalueengineers.nl/ <https://www.thevalueengineers.nl/>
> >
> 
> Emeritus Chair of Information Systems, University of Twente
> 
>