WIPO ADR for B2B Data Disputes

As part of its Tailored WIPO ADR Services, the WIPO Center provides dispute resolution advice and case administration services to help parties resolve B2B (business-to-business) disputes arising in the area of data processing, without the need for court litigation.

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.