Guiding questions
Core Structure of Agreements
Purpose: Standardize essential contractual terms to ensure clarity and fairness across all participants.
What standard contractual elements should every participant agreement include (e.g. roles, rights, obligations, liability)?
Should there be a universal participation agreement or differentiated agreements depending on participant role (e.g. provider, consumer, intermediary)?
Alignment with Governance
Purpose:Ensure that contractual arrangements reinforce overarching governance principles and adapt to evolving governance decisions.
How can the contractual framework reflect and reinforce the governance principles (e.g., fairness, interoperability, accountability)?
Should governance decisions automatically amend contractual terms, or require explicit participant consent?
Onboarding and Offboarding
Purpose: Design contractual entry and exit processes that safeguard trust, compliance, and continuity.
What contractual processes should regulate entry into the data space (e.g., signature of framework contract, compliance verification)?
How should termination or exit of participants be managed contractually, including data handling and ongoing obligations?
Flexibility vs. Standardisation
Purpose: Balance the need for uniformity with customizable modules to address sector-specific requirements.
To what extent should the contractual framework allow customization by participants versus enforcing strict uniformity?
Should industry-specific annexes or modules be foreseen (e.g., CO₂ reporting standards for real estate, technical protocols for energy data)?
Dispute Prevention and Resolution
Purpose: Provide clear mechanisms for conflict resolution to maintain trust and minimize disruption.
How should contracts define mechanisms for conflict resolution (e.g., escalation procedures, mediation, arbitration)?
Should dispute-handling be centralized via a governance authority or decentralized among participants?
Compliance and Enforcement
Purpose: Define how contractual compliance will be monitored, enforced, and sanctioned in case of breaches.
How should contractual obligations be monitored and enforced (e.g., audits, sanctions, suspension)?
What should be the consequences of non-compliance with contractual terms, especially in relation to data misuse or sustainability targets?
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