WIPO ADR for B2B Data Disputes
B2B Data Disputes
Increasing numbers of businesses are processing and sharing data while having to comply with various data protection laws as well as additional contractual obligations or restrictions on such processing. The importance of data, whether from a commercial or legislative perspective, and its value as an asset in the global economy is likely to continue to grow exponentially. The many new data protection, privacy and security laws (Data Protection Laws) introduced around the world in recent years reflect the increasing global importance of data. For example, the EU General Data Protection Regulation (GDPR) was considered one of the biggest overhauls to the legal protection of data in the world when it was introduced. Meanwhile, the California Consumer Privacy Act (CCPA) marked a shift in approach to data regulation in the US and we are continuing to see more national governments revaluate their approach to data.
The WIPO Center has significant experience working in sectors that are most likely to be affected by the changing uses of data and by Data Protection Laws. Such sectors include Information and Communication Technology (ICT), research and development (R&D), life sciences and sectors relying on digital copyright. However, given the expansion of the scope of application of numerous national laws regarding data, it is likely that all industry sectors will be susceptible to data-related B2B disputes.
Selected Areas of B2B Disputes
- confidentiality breaches
- copyright
- data exchange agreements
- data processing agreements
- data sharing agreements
- IP valuations
- outsourcing
- performance
- quality and terms of service
- security breaches
- trade secrets
- unauthorized use or transfer of customer data
Potential Stakeholders to B2B Disputes
- collective management organizations
- financial institutions
- FinTech and InsureTech businesses
- ICT companies, including outsourcing providers
- online content service providers, including platforms
- pharmaceutical and biotechnology companies
- retail businesses
- service providers
- software developers
- telecommunication providers
WIPO ADR Services for B2B Data Disputes
The WIPO Mediation, (Expedited) Arbitration, Expert Determination Rules are well suited for data disputes. The WIPO Rules were designed for disputes related to both intellectual property and technology, and were therefore created while taking into account the need for flexibility in rapidly changing sectors. In particular, all WIPO Rules have strict confidentiality provisions, with the (Expedited) Arbitration Rules also having specific provisions regarding disclosure of trade secrets.
In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
The mediators, arbitrators and experts on the WIPO Panel have a thorough understanding of the issues that arise in data processing and have expertise in the Data Protection Laws of various jurisdictions. WIPO neutrals are therefore well placed to conduct dispute resolution proceedings efficiently and effectively.
While the majority of parties choose to select neutrals from the WIPO Panel, parties are nevertheless free to appoint Neutrals from outside the WIPO Panel.
The WIPO Center makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to ADR.
Upon request, the WIPO Center provides procedural guidance to parties seeking to resolve their disputes under WIPO Rules. This includes advice on the drafting and adaptation of ADR clauses in data processing related contracts and submission agreements. The WIPO Center also assists parties in bringing cases to WIPO ADR by, for example, acting as a communication channel between the parties where one party is reluctant to use ADR.
The WIPO Center also organizes training and workshops on mediation, arbitration and related topics.
Where appropriate in light of the needs of the parties and regulatory requirements, the WIPO Center can provide guidance on appropriate ADR procedure, namely on the WIPO Rules, applicable fees, use of ADR clauses, and related administrative services (for example, the provision of online case administration tools, video conferencing, and document management).
The WIPO Center makes available WIPO model submission agreements and a WIPO Clause generator.
The WIPO Center can provide assistance and support to parties if they wish to use or integrate any of their own internal systems or procedures into the ADR process.
Collaboration with Concerned Stakeholders and Entities
International Technology Law Association (ITechLaw)
The WIPO Center is available to collaborate with other interested stakeholders.
Collaboration with Other WIPO Divisions
Division of Artificial Intelligence (AI) Policy
WIPO Center Events
The WIPO Center hosted a Webinar on the use of ADR for disputes relating to data. Our panel included external lawyers from the UK and Belgium and an in-house counsel from the US.
The Webinar may be accessed here.
Contact us
WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 370
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568