Technology conveniently serves short-term concerns - most people hardly study the terms of use any more. This applies to private individuals, for example when using social media, but it also applies to entire organizations. Even public authorities are affected by the dangerous consequences. This is because many applications and apps do not offer the option of accessing their own data in a free, machine-readable and interoperable manner. The impending loss of data sovereignty affects many areas such as smart cities with the Internet of Things, data analysis and data-based decisions.

In order to promote data sovereignty in the municipalities of North Rhine-Westphalia, the KDN umbrella association of municipal IT service providers has now adopted the model formulations for data use from its members, the City of Bonn and the City of Münster/citeq.

Getting to the root of the problem

Sven Hense, Digital Administration Manager at the City of Bonn, and Thomas Werner, Open Data Coordinator at the City of Münster/citeq, have formulated sample data usage clauses and made them available for free re-use. The model clauses are used to draft public IT contracts. Sven Hense emphasizes the importance for municipalities in particular: "The design of IT or smart city contracts can restrict municipal data sovereignty. The "Data sovereignty" sample specifications provide recommendations for municipal IT contracts."

The data usage clauses therefore provide all public contracting authorities with an important tool: they strengthen the understanding of data in the procurement phase, minimize the legal risk in data usage and help to avoid follow-up costs.

Open and freely reusable model clauses

The authors have co-creatively developed the model clauses in an open process and share the result under a Creative Commons license (CC-BY 4.0) for free reuse in a so-called Git repository. The Git repository enables the low-threshold further development of the document with other municipalities and other interested parties. Suggestions for improvement can be created, discussed and edited.

Data sovereignty - standard in the KDN

The KDN recommends these model contract clauses as a basis for IT procurement and contract award procedures. The clauses are now included as standard in KDN contracts and the KDN is actively involved in the further development of these guidelines. The KDN is thus sending out an important signal: the municipal IT service providers in North Rhine-Westphalia are supporting the local authorities and making an essential contribution to digital sovereignty.

Link to the sample formulation:  https://github.com/od-ms/datennutzungsklauseln-muster (opens in a new tab)

Text: KDN press release from 4.3.2022:  https://www.kdn.de/fileadmin/user_upload/9_Presse/2022-03-04_Pressemeldung_Datensouveraenitaet.pdf (opens in a new tab)