COVID-19 Data and Data Sharing Agreements: The Potential of Sunset Clauses and Sunset Provisions

A REPORT BY SDSN TRENDS AND DATAREADY LIMITED ON BEHALF OF CONTRACTS FOR DATA COLLABORATION (C4DC)

Building upon issues discussed in the C4DC report, “Laying the Foundation for Effective Partnerships: An Examination of Data Sharing Agreements,” this brief examines the potential of sunset clauses or sunset provisions to be a legally binding, enforceable, and accountable way of ensuring COVID-19 related data sharing agreements are wound down responsibly at the end of the pandemic. The brief is divided into four substantive parts: Part I introduces sunset clauses as legislative tools, highlighting a number of examples of how they have been used in both COVID-19 related and other contexts; Part II discusses sunset provisions in the context of data sharing agreements and attempts to explain the complex interrelationship between data ownership, intellectual property, and sunset provisions; Part III identifies some key issues policymakers should consider when assessing the utility and viability of sunset provisions within their data sharing agreements and arrangements; and Part IV highlights the value of a memorandum of understanding (MoU) as a viable vehicle for sunset provisions in contexts where data sharing agreements are either non-existent or not regularly used.