Data commercialisation

Data Commercialisation

Unlocking value from a strategic asset

Organisations are increasingly seeking to unlock value from the data they generate, aggregate or process. The legal frameworks governing data access, use, re-use, sharing and monetisation are complex, particularly where data is commercially sensitive, derived from regulated services, relates to individuals, or crosses borders. Clients require clear, defensible contractual structures that align commercial opportunity with regulatory, technical and governance requirements.

This page forms part of our Technology and Telecoms Transactions practice and links closely with our work on AI regulation, data protection and cross-border data governance.

Our Experience in data commercialisation

We advise operators, platforms, infrastructure providers, technology companies and investors on data commercialisation strategies and the contracts that support them. Our work includes:

  • Structuring data licensing frameworks for access, use, re-use and onward distribution.
  • Designing compliant data monetisation models, including revenue-sharing and value-allocation frameworks.
  • Advising on IP allocation, ownership of derived outputs and restrictions on model training or analytics.
  • Supporting joint ventures and commercial partnerships involving data pooling or data-driven products.
  • Ensuring alignment with UK GDPR, the Data Protection Act 2018, the Data (Use and Access) Act and sector-specific regulatory obligations.
  • Cross-border contracting consistent with UK and EU adequacy requirements.

Key Issues for Clients

  • What rights can we legitimately grant over the data?
  • How should ownership, IP, derivative rights and restrictions on use be defined?
  • What regulatory constraints (privacy, confidentiality, telecoms, security or sector rules) shape the commercial model?
  • How do we structure revenue-sharing or value-based pricing for data commercialisation?
  • How do we mitigate competition risks where exclusive access to data may create market effects?
  • How do we protect commercially sensitive material while enabling product development or AI training?
  • How do we manage cross-border transfers in a way that is operationally workable and defensible from regulatory scrutiny?

How We Help

We design and negotiate data commercialisation frameworks that are practical, defensible and aligned with clients’ commercial objectives. Our support includes:

  • Drafting and negotiating data licensing and sub-licensing agreements for raw, aggregated or anonymised data.
  • API and platform-access agreements for data-driven services.
  • Data supply agreements for analytics, AI training and product development.
  • Commercial structures that align value with rights, restrictions and regulatory compliance.
  • Cross-border data transfer solutions consistent with UK and EU adequacy and governance requirements.
  • Competition and regulatory review where data exclusivity may have market impacts.
  • Governance frameworks spanning privacy, security, audit, transparency and downstream controls.

Our approach to data commercialisation integrates regulatory clarity, commercial practicality and deep technical understanding of how data is generated, stored, transmitted and used. Contracts are drafted to be implementable by legal, product and engineering teams alike.

How bratby.law helps

We advise data-rich organisations, telecoms operators, and technology companies on the legal framework for monetising, licensing, and sharing data assets while maintaining regulatory compliance.

  • Data licensing agreements, data sharing frameworks, and data marketplace terms
  • UK GDPR compliance for data commercialisation, including lawful basis analysis and anonymisation assessments
  • Advising on the boundary between personal data and anonymised or aggregated data under ICO guidance
  • Telecoms data monetisation within the constraints of PECR traffic and location data rules
  • Open data obligations and data access requirements under sector-specific regulation
  • Intellectual property rights in datasets, database rights, and trade secret protection
  • Due diligence on data assets in M&A and investment transactions
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Related transactions pages

See also our other transactions pages:

See also: UK GDPR and Regulatory Compliance and Data Governance, Transfers and Accountability.

Independent directory rankings

Our specialist expertise is recognised in major independent legal directories:

  • Chambers & Partners: Rob Bratby is ranked in the UK Guide 2026 in the “Telecommunications” category: Chambers
  • The Legal 500: Rob Bratby is listed as a “Leading Partner – Telecoms” in London (TMT – IT & Telecoms): The Legal 500
  • Lexology: Rob Bratby is featured on Lexology’s expert profiles (Global Elite Thought Leader): Lexology
Chambers and partners accreditation
Legal 500 accreditation

What clients say about bratby.law

  • “…one of those rare lawyers who really does understand the business imperatives behind the legal situations businesses find themselves in.”

    “I worked with Rob over many years whilst I was at Orange. He is one of those rare lawyers who really does understand the business imperatives behind the legal situations businesses find themselves in. Most notably he provided first class support to me and my team on a high profile / high value joint venture network sharing deal. His ability to see both the detail and the bigger strategic picture were enormously helpful.”
    Amanda Doyle
    (Former) General Counsel, Orange UK

  • “I would highly recommend Rob and his team.”

    “I have had the pleasure of working with Rob now on a number of occasions and engagements with clients. Rob is one of the most knowledgeable people I have come across in the Telecommunications industry, both in his comprehensive understanding of the law for various countries and in the application of this law and what it means for Operators. This is complemented by his generosity with sharing his knowledge, and the friendly style with which he works. I would highly recommend Rob and his team.”
    Nick White
    (Former) Deloitte

  • “I would recommend Rob for any major Telecoms project”

    “I worked with Rob to introduce One Touch Switching for broadband and fixed voice, which launched successfully with almost two million customers using the service to date. Rob is a first class Legal Counsel with exceptional legal and regulatory knowledge enabling him to give insightful strategic guidance to the ExCo and the Board. He is highly trusted by Directors and easy to work with. I would recommend Rob for any major Telecoms project.”
    Toby Lovell
    (Former) Chief of Staff, The One Touch Switching Company

Want to monetise your data?

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Related Subpages

• SaaS and Licensing
• Cloud and Platform Contracting
• Interconnection, Peering and Access Agreements
• Digital Infrastructure Projects
• AI Regulation and Data Protection

Frequently asked questions

What is data commercialisation?

Data commercialisation refers to the process of generating economic value from data, whether through licensing, access arrangements, analytics, product development or partnerships. It requires clarity over ownership, rights of use, regulatory constraints and commercial structures.

Who owns the data?

Ownership depends on the nature of the data, how it was created and the contractual frameworks governing its collection or processing. In many cases, legal “ownership” is not straightforward; instead rights are defined by contract, intellectual property law, data protection law, confidentiality and regulatory restrictions.

Can personal data be commercialised?

Yes, but only within the strict confines of UK GDPR and the Data Protection Act 2018. This typically requires a lawful basis, transparency, purpose limitation and appropriate safeguards. Anonymisation and pseudonymisation can reduce regulatory risk, but must be technically and legally robust.

What is the difference between data licensing and data sharing?

Data licensing sets out rights to access, use, re-use and distribute data, usually with commercial terms. Data sharing is broader and may relate to operational, regulatory or public-interest purposes. Both require contractual and governance controls. They are both types of data commercialisation.

Do we need consent to commercialise data?

Consent is only one lawful basis under UK GDPR for data commercialisation and is not always required or appropriate. Contractual necessity, legitimate interests or statutory obligations may apply depending on the data and the commercial model.

Can we use licensed data to train AI models?

Only if explicitly permitted. Many data owners restrict AI training, derivative outputs and model development. Contracts must define what constitutes “derived data”, “model outputs” and permitted “use cases” to avoid disputes.

How do cross-border data transfers affect data commercialisation?

Transfers must comply with adequacy requirements, the UK International Data Transfer Agreement (IDTA) or other approved safeguards. Cross-border arrangements often require additional due diligence, technical measures and contractual warranties.

How do we deal with confidential or commercially sensitive data?

Confidentiality provisions, access controls, audit rights and downstream restrictions are essential. Where data is aggregated or anonymised, the risk of re-identification must be assessed and mitigated.

What competition law issues arise?

Exclusive access to certain datasets may raise competition concerns, particularly in digital markets. Where data pooling or joint commercialisation is involved, arrangements may need review under the Competition Act 1998 and CMA guidance.

What if the data includes third-party rights?

Third-party rights must be reviewed and cleared. This includes IP rights, confidentiality obligations, database rights and contractual restrictions imposed by suppliers or partners.

How should revenue-sharing be structured?

Revenue-sharing should align value with rights. Models include fixed fees, tiered access, usage-based pricing or participation in downstream revenues. Transparency and auditability are critical.

How do we protect our position if the relationship ends?

Exit provisions should address termination, return or deletion of data, residual rights, transition support and restrictions on future use of derived outputs.

Data commercialisation

Data Commercialisation

Unlocking value from a strategic asset