Documentation of updates to the Data Exchange Agreement

Changes to the considerations and definitions (Article 1)

• We are now referring to the counter-party as 'Data Partner' instead of 'Data Provider'. This change has been made throughout the document and is intended to align the terminology used in the DEA with the terminology in use elsewhere.
• We have removed the consideration that 'Europeana has no intention to include any data in its database other than such metadata and previews'. This consideration was not reflective of the operational reality of Europeana anymore. Europeana currently uses Public Domain and openly licensed Content obtained from its Data Partners in a number of products such as exhibitions and on social media (see also 'New Article 5' below which introduces a new article 5 that deals with the 'Use of Digital Objects' by Europeana).
• We have removed the definition of the now defunct Council of Content Providers and Aggregators and added a definition of the Europeana Network Association as the ENA takes over the dispute resolution role formerly assigned to the CCPA in article 9.6.
• We have replaced the definition of ‘Preview’ with a new definition of ‘Thumbnail’. This new definition more precisely reflects the operational reality of Europeana. Europeana does in fact only store static images that serve as visual representations of a Digital Object, Europeana has never stored audio-visual representations of Content. We have replaced all references to Previews with references to Thumbnails throughout the document.
• We have added a new definition of ‘Digital Object’ that is identical to the existing definition in the Europeana Glossary. This better aligns the DEA with other policies and technical documents in use by Europeana. Within the DEA the new definition is used in the new article 5 on 'Use of Digital Objects'.

Changes to Article 2

• We have removed the reference to the now-defunct CCPA from 2.4

Changes to Article 3

• We have removed the requirement ‘hen making available Metadata or any parts thereof under the terms of the CC0 1.0 Universal Public Domain Dedication, Europeana will provide a link to the Europeana Data Use Guidelines with the CC0 1.0 Universal Public Domain Dedication'. From 3.3. Creative Commons has removed the technical functionality to provide such links in the deeds and as a result Europeana cannot meet this requirement anymore. Europeana will continue to promote the values contained in the Europeana Data Use Guidelines via other means.

Changes to Article 4

We have removed article 4.3 which gave Data Partners the ability to ‘indicate[s] to Europeana in writing that it does not allow Europeana to [publish the URL pointing to the previews]’ 

This is due to the fact that in the past Data Partners have not made use of this provision.

Changes to Article 5 (old)

• We have moved the contents of the Article (‘Term’) to the end of article 7 ('Termination').

New Article 5

• We have added a new Article 5 which clarifies how Europeana uses Digital Objects.
• Article 5.1 describes the existing practice in which Europeana displays Digital Objects in the Europeana context via links when it is provided with direct links to Digital Objects as part of the Metadata.
• Article 5.2 clarifies that Europeana does not store Digital Objects for this purpose.
• Article 5.3 clarifies that Europeana can make use of Digital Objects under the terms of the associated rights statements.

Article 6

No substantive changes have been made to Article 6.

Article 7

• The provisions formerly contained in Article 5 ('Term') have been added as 7.5 and 7.6.

Article 8

• We have added a termination clause that allows Europeana to assign the rights obtained under the DEA to a new operator should a new operator for the Europeana DSI be appointed. This addition ensures that the Europeana service can be transferred to a new operator.

Article 9

• We have replaced the reference to the defunct CCPA in the paragraph dealing with dispute resolution with a reference to the Europeana Network Association.