Data Stations Terms of Use versus EASY contracts

DANS implements new terms for the Data Stations: the Terms of Use. The DANS Data Stations Terms of Use is set out in three parts:
1. User Terms: terms for the use of the service.
2. Depositor Terms: terms that apply to depositing datasets.
3. Depositor Terms – Processing Addendum: terms that apply to processing personal data.

This overview explains, in broad terms, the most important changes in relation to the standard contracts for EASY.

What are the differences between the Data Stations Terms of Use and the EASY contracts? 

1. User Terms
These terms apply to both Users and Depositors. You can find the User Terms in the Terms of Use.

New:

  • The terms for removing an account have been tightened.
  • It is now explicitly required to respect the conditions for reuse of a dataset.
  • DANS asks users to handle their account in a responsible manner and to notify DANS of any misuse.
  • DANS has the right to change the Terms of Use unilaterally. This means the User and Depositor Terms, as well as the Processing Addendum can be changed without your consent. 

 Unchanged:

  • DANS asks the user to provide valid and stable contact details. 
  • DANS keeps processing personal data responsibly. You can find details on this in our privacy statement.

 

2. Depositor Terms
These terms only apply to Depositors. You can find the DepositorTerms in the Terms of Use.

New:

  • The Depositor Terms apply to all datasets deposited in the Data Station. There is no contract per dataset.
  • DANS sets out the policy for processing datasets in the DANS Data Stations Policy. 
  • DANS requires that obligations from a funder or organisation with regards to the dataset are met and that the publication of the dataset is not in conflict with obligations of a third party.
  • When the depositor asks DANS to change or remove published datasets, both parties will discuss the best course of action in the light of the DANS Data Stations Policy.
  • DANS is entitled to react to an Access Request on behalf of the depositor when the response fails and has the right to take over the role of the depositor.
  • DANS is entitled to keep datasets in the Data Station when the depositor terminates his/her account, unless the depositor chooses a transfer of the dataset to a suitable, alternative, archive. The period of notice remains 6 months, but can be shortened when the transfer takes place earlier.

 Unchanged:

  • Depositing datasets is non-exclusive: depositors are free to publish their datasets simultaneously elsewhere.
  • DANS is entitled to modify metadata and files, however never in content, to ensure that the dataset remains findable, accessible and readable.
  • DANS offer the service free of charge as long as the total volume of datasets is below 50 gigabytes. 
  • A dataset has to meet certain requirements, under which that the dataset is legally processed by the depositor.
  • Files in a dataset are directly accessible or restrictions apply. A ‘Permission Request’ is now called an ‘Access Request’, the functionality is the same. 
  • When the depositor falls away, or his/her organisation, DANS is entitled to keep the dataset in the Data Station and to appoint a successive Depositor or to do whatever is reasonably necessary with a view to achieving its objectives, including to appoint itself as the Depositor.
  • DANS remains liable in the same way.

 

3. Depositor Terms | Personal data – Processing Addendum
You can find the Depositor Terms in the Terms of Use. You can find the Processing Addendum here.

New:

  • The Processing Addendum is digitally concluded via the Terms of Use.
  • The depositor determines the accessibility of personal data as long as this is one in a responsible manner.
  • When personal data shows to be insufficiently protected is DANS entitled to change the metadata, licence and/or access restrictions to this end.
  • The retention period is standard set to indefinitely under the conditions of the Terms of Use.
  • When the depositor asks DANS to change or remove published dataset, both parties will discuss the best course of action in the light of the DANS Data Stations Policy.
  • When the account is terminated or when the depositor falls away or his/her organisation and there is no successor appointed, DANS is entitled to appoint a successive Depositor or to do whatever is reasonably necessary with a view to achieving its objectives, including to appoint itself as the Depositor.

 Unchanged:

  • DANS is a processor for personal data in a dataset. With the exclusion of personal data which are required for the scientific justification of the Dataset (such as the author, the rights holder etc.). DANS will be considered the controller for these personal data.
  • DANS keeps processing personal data responsibly.

 

© DANS. R.4.3 Version 1.2, May 8, 2023