From: John Cox <[log in to unmask]>
Date: Wed, 8 Aug 2018 10:39:47 +0100

This has come about because of the new Data Protection Directive that has
been enacted by the European Union and came into force in May this year.
SpringerNature, like any other publisher based within the European Union,
AND any publisher (regardless of location within or outside the EU) that
supplies its publications to any institution within the EU and keeps any
personal data on European citizens, is obliged by law to comply with the
provisions of the Directive.  It is really targeting the large internet
behemoths like Facebook, Google etc that amass data on individuals and
exploit it commercially in all sort of ways.  The Directive may be a
sledgehammer to crack a nut, but it is the law.



Essentially, this means obtaining consent from any individual whose data
may be required to be kept by the publisher in order to provide the
publication or access to the digital version online.  Publishers are not
trying it on.  They are simply trying to comply with the law.  The library
is probably best positioned to obtain any consents that may be necessary.



I would ask any publisher that has introduced such a clause into its
licences for explicit guidance on how this is to be done in the
institution’s context.



John Cox



Rookwood, Bradden

Towcester NN12 8ED

United Kingdom

Tel: +44 (0) 1327 861184

Email: [log in to unmask]





From: "Donley, Leah" <[log in to unmask]>

Date: Tue, 7 Aug 2018 12:37:09 +0000

The latest SpringerNature T&C has a section on personally identifiable
information (copied below).  Has anyone successfully changed it or do you
have standard language that you use instead?  I haven’t come across
language like this in any of our other agreements and so far am not having
luck negotiating changes.  My main issue is with the first sentence.  It
seems unreasonable that we would be responsible for obtaining approvals and
consent for a publisher to receive/process pii from our users, not to
mention it’s something that I don’t want to get involved with for a variety
of reasons.  I would appreciate any suggestions that you may have!





In the event that Licensor’s performance of its obligations under this
License Agreement requires that Licensor receive or otherwise process any
personal data of Authorized Users, then Licensee shall obtain, if
applicable, all necessary approvals and consent from Authorized Users for
transfers of personal data to Licensor.  Personally indentifiable
information collected or retained by the licensor is confidential and shall
not be released without the prior written and explicit consent of the
patron and the licensee





Thank you,

Leah Donley





Leah Donley
Research Library
Brookhaven National Laboratory
Tel: 631-344-7469
Email: [log in to unmask]