Report compiled by Like-minded Members of Working Group on Studying Model Terms and Conditions for Contracts on Data Sharing-type (Platform-type) Contracts as Effort Involving Contract Guidelines on Utilization of AI and Data

In June 2018, METI formulated the Contract Guidelines on Utilization of AI and Data (hereinafter referred to as the “guidelines”), a well-organized reference for businesses that explains approaches to concluding [i] contracts for utilization of data and [ii] contracts for the development and utilization of software using AI technology. In particular, this compilation provides: main challenges, remaining issues, points of contention, model contract clauses, elements to be considered in contract preparation, and other key points. In line with the revised Unfair Competition Prevention Act, which came into force in July 2019, METI also revised the details of the data section of the guidelines and released the updated version as Version 1.1 in December 2019.

• News release of the revised guidelines (in Japanese) Link

The data section of the guidelines Version 1.1 includes model contract clauses for data provision-type contracts and data creation-type contracts. However, the section does not present model terms and conditions for data sharing-type (platform-type) contracts. This is because METI considers it difficult to explain them in a generalized manner and in terms of practical matters due to the diversity of elements composing platforms among business purposes.

Nevertheless, as more and more businesses have been recognizing the importance of data in their business, they have been raising expectations for the utilization of data platforms as a means, including when even a single business is able to collect certain types or amounts of data which could be difficult to achieve by itself. Against this backdrop, the importance of such data platforms for businesses is expected to further increase. To address this situation, like-minded members of the working group held discussions on draft model terms and conditions for contracts for using close-type data platforms and compiled the discussion results into a report. METI hereby releases the report.

Related material

• Report on Model Terms and Conditions for Data Sharing-type (Platform-type) Contracts (in Japanese) (PDF:1,081KB)PDF
• Contract Guidelines on Utilization of AI and Data (Outline)(PDF:1,543KB)PDF

Division in Charge

Information Economy Division, Commerce and Information Policy Bureau