This article explains different aspects of research data ownership at WUR.

Introduction

Who owns the research data you create – in other words, who is the rightsholder? A rightsholder is a person or organisation that owns the legal rights to a certain resource, such as research data. The rightsholder controls the terms under which research data can be shared, accessed or used. Several scenarios could apply to the data in your research project.

WUR is the rightsholder

The WUR IP Policy & Value Creation states that WUR is entitled to the research data and databases created by any WUR staff member within the scope of their employment, as well as PhD candidates and WUR-users of WUR research facilities. The responsibility for managing the data (e.g. control, access), in adherence with the WUR research data policy, lies with the research groups and data management practices are outlined in the data management protocol of the research group and the data management plan of the research project.

Some exceptions to this may exist, such as PhD candidates who self-fund their research, collaborative projects with consortium agreements, and commercial partnerships with data sharing agreements in place (see below). If you are unsure if WUR is the rightsholder of the research data you are generating, consult the legal officer of your science department.

Retaining data ownership enables WUR to 1) fulfil its data access, use and retention obligations for publicly funded research, 2) protect its employees, and 3) safeguard the continuity of access to research data into the future.

Research data is valuable for WUR and for others. If the research data has potential for creating societal value or for commercial utilisation, the WUR Guidelines on Value Creation with Software & Data provide guidance on how you can achieve these goals.

WUR is not the only rightsholder

In collaborative projects, researchers from WUR and other institutes and/or organisations are involved. The research data created by these researchers are subject to the rightsholder policy of their employer, WUR, or another institute or organisation. As such, a contractual agreement, such as a consortium agreement or a data sharing agreement, should be in place that defines the rightsholders, access, sharing, use and retention of the research data created. For more information and support with drawing up a contract, please contact the legal officer of your science department.
WUR is not the rightsholder

In some cases, WUR researchers do not collect data themselves but are provided with data from other parties. A contractual agreement defining the rightsholder, storage, sharing, use and retention of the data should be created. This contract supersedes the WUR research data policy. For more information and support with drawing up a contract, please contact the legal officer of your science department. 

What happens when I leave WUR?

When WUR is the rightsholder, WUR retains the legal rights and guardianship over the research data. Long-term management of research data should be addressed in advance in a data management plan, abiding by any protocols already established for your research group. As an acknowledgement of your scientific effort, you are granted access to the research data, provided that it is properly published and licensed in a data repository.

Questions and support

Do you have questions about this service, or would you like personal support? Feel free to contact us. You can send an email to data@wur.nl.