General Terms and Conditions of the Testing of the Language Data Space

Definitions

"LDS": the European Language Data Space. A decentralised data ecosystem facilitating sovereign sharing of language data between a number of Participants. The LDS is currently being developed by the LDS Consortium as part of a procurement (Call for tenders CNECT/LUX/2022/OP/0026) by the European Commission.
"Participant": any legal entity approved to access and utilize LDS services.
"LDS-GB": the LDS Governance Body. During the Beta-Testing phase, the European Commission shall serve as the LDS-GB. The operational role and responsibilities of the LDS-GB shall be carried out by the LDS Consortium on behalf of the European Commission, as part of a procurement contract (Call for tenders CNECT/LUX/2022/OP/0026). The European Commission retains final authority over all decisions and interpretations related to LDS.
"LDS Consortium": Beneficiaries of the LDS procurement contract (Call for tenders CNECT/LUX/2022/OP/0026):
1. Deutsches Forschungszentrum für Künstliche Intelligenz GmbH (DFKI) Trippstadter Straße 122, 67663 Kaiserslautern, Germany
2. Evaluation and Language Resources Distribution Agency (ELDA) S.A.S 9 rue de Cordelières, 75013 Paris, France
3. Athena Research and Innovation Center in Information, Communication and Knowledge Technologies (ILSP) Public Entity Governed by Private Law/ Non-Profit Research Organization Artemidos 6 & Epidavrou Street, GR 15125 Athens, Greece
4. SIA Tilde (TILDE) Limited Liability Company Vienbas Gatve 75A, Riga LV-1004, Latvia
"LDS Services": Services provided by the LDS-GB which include, but are not limited to, participation to the LDS registry, access to the central catalogue of offerings of data, access to the catalogues of offerings of participating entities (under the conditions set by the data providers), usage of the connector to formulate offers and receive language data, accessible to Participants based on their approved profile and subject to applicable restrictions.
"Data provider": an LDS participant who provides data to another participant in the framework of an exchange.
"Data recipient": an LDS participant who requests data from another participant in the framework of an exchange.
"Offerings": Data and metadata made available by a Participant through the LDS with other Participants, in accordance with the LDS governance framework and technical specifications.
"Third-party rights": Third-party rights on Data resulting from, among others, legislation on Personal Data protection, intellectual property rights, trade secrets, rights resulting from the Data Act, rights resulting from the Data Governance Act, rights from contractual obligations of confidentiality.
"Connector": The software provided by the LDS-GB that enables participants to formulate offers, access, and exchange data and data services with other participants. The connector facilitates automated data transmission and interoperability between systems.
"Beta Testing Period": The designated pre-release testing timeframe, commencing on the 07/02/2025 and continuing until the expected conclusion of said period on 30/09/2025.

Participant general obligations

Accuracy of Information: The Participant hereby certifies that all information provided in the application form and subsequent communication related to the ones provided in the application form are true, accurate, and complete.
LDS Connector Usage: The Participant agrees to utilize the LDS connector as provided and to promptly implement all updates and security patches as notified by LDS-GB.
Security Monitoring: The Participant shall diligently monitor the security of its connector and immediately notify LDS-GB of any security breaches or cybersecurity issues. The Participant agrees to collaborate fully in identifying and addressing any security vulnerabilities.
Eligibility and Compliance: The Participant acknowledges that LDS-GB may suspend or terminate participation if the Participant's profile becomes ineligible or in the event of any breach of these General Terms and Conditions or applicable laws and regulations.
Compliance with Interoperability Standards: All Participants who offer data or data services to other participants are required to comply with the essential interoperability requirements as specified in Article 33 of the Data Act. These requirements include, but are not limited to, ensuring that dataset content, use restrictions, and licences are adequately described; data structures and formats are consistently documented; technical means for data access are clearly defined; and interoperability tools for automating data sharing agreements are provided where applicable.
Beta Testing Period: During the Beta Testing Period, the Language Data Space and its associated Services shall be considered to be in a pre-production, evaluation phase, subject to modifications, interruptions, or termination without prior notice. Participants acknowledge that their engagement during this period is exclusively for the purpose of testing, providing feedback, and contributing to the refinement of the LDS ecosystem. Participants assume all risks associated with the use of the services during this testing phase and agree that the LDS-GB shall not be held liable for any consequences arising from their participation.
Beta Testing Data Restrictions: During the Beta Testing Period Participants are obligated to transfer only data sets that meet the following criteria:
1. Open Availability: All data sets must be openly available, licensed under Creative Commons (CC) or equivalent open licenses that allow for free use, modification, and distribution.
2. Personal Data: The data sets must not contain any personal data as defined by applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR).
Participants acknowledge that these restrictions are temporary and specific to the beta testing phase. The LDS-GB reserves the right to modify or lift these restrictions at the conclusion of the beta testing period or as deemed necessary for the development and evaluation of the Language Data Space.

Participant rights and obligations on offerings

Intellectual Property Rights: The Participant warrants and represents that it possesses all necessary rights, including but not limited to intellectual property rights, to make its Offerings available through LDS.
Metadata Schema and the other technical specifications and recommendations by the LDS (e.g. recommended formats, etc.): the Participant has to adopt those specified by LDS for all Offerings.
Publication of Offerings: the Participant consents to publish its Offerings via its connector to LDS catalogues.
Licensing: The Participant agrees to utilize LDS-approved licenses or to submit its own licenses for LDS approval prior to use.
Access and Usage Policies: The Participant shall define and make public its access policies for both metadata and Data offered through LDS, in compliance with the LDS governance framework.

Admission, suspension and termination of participation

Admission of participants: The LDS-GB reserves the right to admit or reject participants to the LDS at its sole discretion, without the need for justification or explanation, and based on its own assessment of what is in the best interest of the beta testing process. The LDS-GB's decision to grant or deny admission to the LDS is final and binding and is not subject to appeal or review.
Notice Period in case of termination for convenience: The Participant must provide a 1 month written notice of its intention to terminate the Participant's participation in LDS.
Unilateral termination: LDS can decide to terminate participation of a participant based on its rules and applicable General Terms and Conditions and notify the decision with supporting arguments. Participants can object and contest the termination or suspension decision, redress procedures are defined to allow such appeals, including involvement of EC.
Suspension of participants: The LDS-GB may suspend a participant's involvement in the LDS for a specified period. During suspension, the participant's access to LDS services and resources are temporarily revoked.
Deactivation: Upon termination or suspension, the Participant's access token and connector will be deactivated.
Removal of Offerings: In case of termination or suspension, the Participant's Offerings published on the LDS central catalogue will be removed.
Data Deletion: In case of termination, the Participant's information in the LDS registry will be deleted in accordance with applicable data protection regulations.
Appeal Process: The Participant may contest any termination or suspension decision through the redress procedures established by LDS-GB.
Reinstatement: Following a suspension period, the LDS-GB may reinstate a participant's full access and rights within the LDS, subject to any conditions or requirements deemed necessary by the LDS-GB.

Disclaimer and liability

Limited Liability: LDS services are provided "as is" and "as available" during the Beta Testing Period. LDS-GB shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use LDS services.
Participant Responsibility: The Participant acknowledges that it uses LDS services at its own risk. LDS-GB is not responsible for the accuracy, quality, or legality of Data offered by Participants. Data exchanges occur on the LDS on a peer-to-peer basis, without possibility of audit of datasets from the LDS-GB.
Prohibition on certain data exchanges: the Participants are strictly prohibited from sharing, distributing, or transmitting any content through the LDS that: (i) violates EU law, any local or national laws of the EU Member States, or relevant international laws or regulations; (ii) is defamatory, discriminatory, or offensive; (iii) infringes upon intellectual property rights or the rights of any third party; or (iv) includes malware, viruses, or any other malicious code.
Indemnification: The Participant agrees to indemnify, defend, and hold harmless LDS-GB from any claims, damages, or expenses arising from the Participant's misuse of LDS services, including but not limited to copyright infringement or data protection violations. This indemnification provision shall survive the termination or expiration of the Participant's involvement with LDS.

Privacy policy

The LDS-GB maintains a Privacy Statement in compliance with Regulation (EU) 2018/1725 European Union Data Protection Regulation (EUDPR), which is incorporated by reference into these General Terms and Conditions.

Transfer of rights

LDS-GB reserves the right to transfer all its rights and obligations under these General Terms and Conditions to a third party, subject to prior notice to Participants.

Governing law and dispute resolutions

Governing Law: For issues relating to these Terms and Conditions, the LDS and access or use of its Services, the applicable law shall be EU law, supplemented, if necessary, by the law of Belgium.
Dispute Resolution: The General Court – or on appeal the Court of Justice of the European Union – shall have exclusive jurisdiction to settle any disputes, if they cannot be settled amicably.

By participating in LDS, the Participant acknowledges that it has read, understood, and agrees to be bound by these General Terms and Conditions