Ministry of Industry Launches Development of 'Industrial Data Contract Guidelines'

1st Meeting of the Industrial Data Contract Guidelines Working Group Held

[Asia Economy Sejong=Reporter Lee Junhyung] The government has begun work on establishing guidelines for industrial data contracts.

On the 15th, the Ministry of Trade, Industry and Energy announced that it had formed a working group composed mainly of private sector experts and held the first meeting to establish guidelines for industrial data contracts.

This meeting is a follow-up measure to the Industrial Digital Transformation Promotion Act, which will be enforced in July this year. The core of the Industrial Digital Transformation Promotion Act is to guarantee the usage and profit rights of industrial data producers. The law recommends that stakeholders in industrial data enter into contracts for reasonable profit distribution and stipulates that the government prepare guidelines.

Advanced countries are already accelerating the establishment of industrial data contract guidelines. The European Union (EU) announced the 'Data Act' last month to promote the sharing, transfer, and utilization of data generated from smart devices and others within the region. The EU plans to provide model contracts to companies to ensure fairness in data contracts. Japan reduced legal uncertainties by establishing the 'Data Contract Guidelines' in May 2017 and subsequently announcing detailed guidelines by sector.

Accordingly, the Ministry of Trade, Industry and Energy formed a working group composed of industry-specific data experts and legal professionals to prepare industrial data contract guidelines. The chairperson of the working group is Professor Lee Dongjin of Seoul National University Law School, an expert in data law. The ministry plans to operate the working group as an open structure allowing external experts to freely participate to reflect diverse opinions from various sectors. The working group will continuously carry out revisions and supplements even after the guidelines are established.

At the first meeting, the direction of the guidelines was discussed. The working group set three main directions for the guidelines: ▲ fair trade ▲ minimizing disputes ▲ promoting sharing, transfer, and utilization. Specifically, they decided to define types of industrial data contracts according to data usage scope and rights relationships, and to present standard contracts and reasonable compensation methods for each type. Additionally, the working group plans to establish procedures and standards for data sharing and utilization by industry sectors such as automotive, shipbuilding, and energy, and to prepare improvement measures to resolve obstacles.

The ministry plans to finalize the guidelines in the second half of this year after consultations with related ministries and public hearings based on the working group's proposals. From next month, opinions will also be collected online through the Industrial Digital Transformation Collaboration Support Center website.

No Geon-gi, head of the Industrial Digital Transformation Promotion Division at the Ministry of Trade, Industry and Energy, said, “The guidelines are an institutional foundation to promote connection and collaboration between companies, which is the core of industrial digital transformation,” and added, “We ask the working group to create a practical plan reflecting the diverse opinions of industrial data experts and companies.”

This content was produced with the assistance of AI translation services.