The cities of Bonn and Münster have developed sample contract formulations to safeguard municipal data sovereignty. The primary purpose of these formulations is to provide assistance with IT procurements and to form the basis for specifications in tenders and award procedures. The model contract formulations are intended to form part of the specifications. This serves as a common understanding both within the authority and with the companies involved in the award procedure right at the start of the award procedure. Once the award procedure has been completed, it serves as the basis for the contract.
In an initial public dialog phase, the model texts could be commented on and supplemented. The input was evaluated and is available in version 1.0 here:  https://github.com/od-ms/datennutzungsklauseln-muster (opens in a new tab)

Interim conclusion

Thomas Werner and Sven Hense had hoped for broader feedback on the model contract formulations. Nevertheless, the first round of dialog was worthwhile. Further definitions and explanations were introduced, which would have meant a very extensive expansion of the basic texts.

With regard to these submissions and questions, the dialog process showed that there are major overlaps with the Open Data Charter from the Belgian Smart Flanders 2.0 initiative. The principles of this charter were drawn up by 13 Belgian cities, the Flemish Community Commission, in Brussels and ratified in summer 2018. These principles provide further background information and concrete examples. Adopting the Open Data Charter would therefore be very suitable for defining the principles of data sovereignty in procurement as a basic list of services on the one hand and for providing concrete assistance for implementation in the authority itself in procurement and award issues on the other. The next step will therefore be a further dialog phase and the Open Data Charter and the associated explanations will be translated. Initial contact has already been made regarding the use and translation of the texts. Information on the Smart Flanders initiative can be found at: https://smart.flanders.be/open-data-charter

The development of the data usage clauses is part of the German government's second National Action Plan on "Strengthening Data Sovereignty". Further coordination with the state of North Rhine-Westphalia will take place at the end of October. Further information on this topic can be found from page 60 onwards at:  https://www.open-government-deutschland.de/resource/blob/1567548/1667952/76e3507032b45db327d7427d67e70f66/zweiter-nap-data.pdf?download=1 (opens in a new tab)