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Ministry of Electronics & Information Technology

Government of India

Government Open Data License - India


National Data Sharing and Accessibility Policy
Government of India
INTRODUCTION WHY DATA
LICENSE NEEDED

pen Government Data Initiative of • To create trust - that the data won’t be

O India was launched in compliance with


the National Open Data Policy
closed off
• For clarity
(NDSAP) which was Gazette notified on 17th • Create a boundary - by defining the rights
March, 2012. It was formulated to provision an and liabilities of the user
enabling platform for proactive and open access • Conditions for the use of data
to the data generated through public funds by • Exemptions to the use of data - [Including
various Ministries/Departments/Organizations Personal Information etc.]
of Government of India. • Fair dealings/ fair use of data
• Warranty – Information provider is not
Under 6th pillar of digital India Initiative, Open liable for any errors or omissions in the
Government Data Platform India (data.gov.in) is information that may lead to loss, injury or
an endeavor to share Government data in open damage
domain to improve openness and transparency, • Preventing Endorsement - of re-use by data
encouraging public participation and provider
emphasizing data driven decision making. • Source of information gets acknowledged
To promote access to publicly held information, and given due credit
promoting transparency and enabling wider
economic and social gain, need was felt in the
Government for open data license.

OPEN DATA LICENSING


BACKGROUND
Making Data Legally Open:
Ensuring that data are made available under
legal terms that allow users to fully use, reuse
and redistribute the data. Government Open Data License – India has
been developed to give legal frame work to the
data consumers wishing to use and build on top
of public data. License also gives assurance of
what they legally can and can’t do with the data
both commercially and non-commercially.
All users are provided a worldwide,
royalty-free, non-exclusive license to use, adapt,
publish (either in original, or in adapted and/or
derivative forms), translate, display, add value,
and create derivative works (including products
and services), for all lawful commercial and
non-commercial purposes

Government Open Data License - India (GODL)


has been drafted by the committee under
chairmanship of Sh. Suresh Chandra (Law
Secretary, Department of Legal Affairs). After
several rounds of discussions and deliberations,
followed by a public consultation on MyGov
platform, the License has been gazette notified
on February 13, 2017.
IMPORTANT
FEATURES OF GODL

Permissible Use of Data: All users are


provided a worldwide, royalty-free,
non-exclusive license to use, adapt, publish
(either in original, or in adapted and/or
derivative forms), translate, display, add value,
and create derivative works (including products
and services), for all lawful commercial and
non-commercial purposes, and for the duration
of existence of such rights over the data or
information.

TERMS AND CONDITIONS


OF USE OF DATA

Attribution: The user must acknowledge


the provider, source, and license of data by
explicitly publishing the attribution statement.

Attribution of Multiple Data: If the


user is using multiple data together and/or
listing of sources of multiple data is not
possible, the user may provide a link to a
separate page/list that includes the attribution
statements and specific URL/URI of all data
used.

Non-endorsement: The user must not


indicate or suggest in any manner that the data
provider(s) endorses their use and/or the user.

No Warranty: The data provider(s) are not


liable for any errors or omissions, and
will not under any circumstances be liable for
any direct, indirect, special, incidental,
consequential, or other loss, injury or damage
caused by its use or otherwise arising in
connection with this license or the data, even if
specifically advised of the possibility of
such loss, injury or damage.

Continuity of Provision: The data


provider(s) will strive for continuously
updating the data concerned, as new data
regarding the same becomes available.
TEMPLATE FOR
TERMINATION
ATTRIBUTION STATEMENT

Unless the user is citing the data using an a Failure to comply with stipulated terms and
internationally accepted data citation format, conditions will cause the user’s rights under
an attribution notice in the following format this license to end automatically.
must be explicitly included: b Where the user’s rights to use data have
terminated under the aforementioned
"[Name of Data Provider], [Year of Publication], clauses or any other Indian law, these rights
[Name of Data], [Name of Data will be reinstated:
Repository/Website], [Version Number and/or
i automatically, as of the date the
Date of Publication (dd/mm)],
violation is cured, provided it is cured
[DOI / URL / URI]. Published under [Name of
within 30 days of the discovery of the
License]: [URL of License]."
violation; or

ii upon express reinstatement by the


data provider(s)
c Upon determination by the data provider(s)
EXEMPTIONS
that a specific data set has been published
that includes one or multiple kinds of data
listed in section 6 of this document, the data
provider(s) may terminate the applicability
The license does not cover the following kinds
of the license for that data, and this
of data:
termination will have the effect of
a Personal Information; revocation of all rights provided under
b Data that the data provider(s) is not Section 3 of this license, including but not
authorized to license, that is data that is limited to immediate retraction of the data
non-shareable and/or sensitive; set concerned from public access.
c Names, crests, logos and other official d For avoidance of doubt, this section does not
symbols of the data provider(s); affect any rights the data provider(s) may
d Data subject to other intellectual property have to seek remedies for violation of this
rights, including patents, trade-marks and license.
official marks;
e Military insignia;
f Identity documents; and
g Any data that should not have been
publicly disclosed for the grounds DISPUTE
provided under Section 8 of the
Right to Information Act, 2005.
REDRESSAL MECHANISM

Any difference of opinion and/or dispute arising


out of this license may be referred to the
arbitrator appointed by the union law secretary.

Please refer the following


Open Government Data (OGD) Platform India
URL for complete text of
the Lisense:
CONTACT US https://data.gov.in/governm
ent-open-data-license-india
NDSAP Project Management Unit (PMU)
3rd Floor, National Informatics Centre For Gazette notification
A-Block, CGO Complex, Lodhi Road New Delhi 110 003, INDIA please scan the QR Code:
Phone: 011-24363692, 011-24305395, 011-24305370
E-Mail: ndsap@gov.in

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