Transitions from after AGREED to TERMINATED might be an issue from legal perspective

International-Data-Spaces-Association / ids-specification

The Dataspace Protocol is a set of specifications designed to facilitate interoperable data sharing between entities governed by usage control and based on Web technologies. These specifications define the schemas and protocols required for entities to publish data, negotiate Agreements, and access data in a data space

https://docs.internationaldataspaces.org/dataspace-protocol/

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Transitions from after AGREED to TERMINATED might be an issue from legal perspective #145

Closed matgnt closed 7 months ago

matgnt commented 1 year ago

In Catena-X we did map the state changes to legal perspective of how contracts are negotiated and it looks good.

Only 1 issue came up during the discussion. The state changes after AGREED to TERMINATED might be an issue, because a contract can not be 'terminated' from one side after successfully negotiated.

This is meant as an early heads up. Details (currently worked out from legal experts) will follow if required (probably after my vacation...)

-- Matthias Binzer

juliapampus commented 1 year ago

Consumer accepts -> provider agrees -> consumer has to verify. What if the verification of this agreement fails on consumer side? The provider is also allowed to transition to TERMINATED instead of FINALIZED after VERIFIED... this would be an issue from legal perspective too, right?

juliapampus commented 1 year ago

First thoughts: IMO, you cannot map the technical sequence 1:1 to offline contract negotiations. We detail the "I agree to the content of the policies" and the later verification of the technical signatures. Like a "I'll check if your signature is really yours" in the real world. The agreement should then only be valid (legally binding) when the enitre process is actually FINALIZED.

SebastianOpriel commented 1 year ago

If we talk about the implementation itself in Catena-X (i.e. EDC) we have a lot of more open points to obey, when it comes to legal aspects (at least in EU), like https://github.com/eclipse-tractusx/tractusx-edc/issues/673#issuecomment-1653075558 or the overall capability of EDC to adjust assets, etc. Same AGREED to TERMINATED transition will rely on local legal regulations. I am not aware if every country judges such a transition as non-legally compliant.

jimmarino commented 1 year ago

I think this is mixing concepts: the state changes are for a contract negotiation, not the contract itself.

matgnt commented 1 year ago

Good points. I'll check if AGREED and VERIFIED can be technical intermediate steps without any direct legal correlation. FINALIZED should be linked to a legal meaning again. Let's discuss on Thursday!

jimmarino commented 1 year ago

Sure, we can discuss, but at a spec level, we cannot link anything to a legal meaning. That is up to the dataspace implementation and lawyers.

juliapampus commented 1 year ago

Some links to the rulebook @matgnt

Legal as guiding principle: https://docs.internationaldataspaces.org/ids-knowledgebase/v/idsa-rulebook/idsa-rulebook/2_guiding_principles#l-legal
Definition and visualization of policy types: https://docs.internationaldataspaces.org/ids-knowledgebase/v/idsa-rulebook/idsa-rulebook/3_functional_requirements#policies
Legal regulations etc.: https://docs.internationaldataspaces.org/ids-knowledgebase/v/idsa-rulebook/idsa-rulebook/6_legal_dimension

matgnt commented 7 months ago

Closing the issue. No longer relevant here in the Spec.