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Sharing data with others

Your Member Licence allows you to share data with others for many reasons in support of your core business and in a number of ways. For more information see these sections, which cover many of the activities that public sector members undertake.

Please note:

  • The structure is based around the viewer being a member and wanting to know more about what the public sector licences allow. If you are not a member, please start from 'Accessing information from members'.

  • While this section is about who you want to share your Licensed Data with; the sharing derived data section is more about understanding what we mean about derived data and the arrangements available to PSMA and OSMA members to extend the sharing of their derived data beyond the Member Licence.

  • This section only applies to the use of Licensed Data, including derived data that does not meet the derived data notification criteria for being published on open terms.

  • There are a number of changes to the sharing derived data section as we have introduced a ‘presumption to publish’ approach for datasets members have derived from OS data. This improves the existing exemptions process by extending the streamlined notification method and enabling you to release more of your Derived Data under open terms.
  • This section does not apply to the OS OpenData licence terms and products as, although the Member Licences refer to them, they do not apply to their use (including any data either derived from them or datasets that have been accepted as being on terms equivalent to OS OpenData terms) as they are not defined as Licensed Data. But, if your derived data comprises a mixture of data that includes Licenced Data then the terms of the Member Licence will apply.

  • This guidance also only applies to our intellectual property rights and interests and does not supercede any third party IPR (i.e. yours, Royal Mail's, etc.). If the derived data includes the IP of third parties, you are strongly advised to obtain the necessary permission(s) from them.

Answer: Yes - You can share data with another member of the same agreement

Please note that:

  • When supplying any of the Licensed Data, you still need to ensure you meet your other Member Licence obligations (see the 'standard requirements'), with the exception that you do not need to keep records
  • Although it may not be necessary to provide any of our licences to the recipient, the member supplying the data may still choose to do so, especially if they wish to add their own terms of use
  • The member may still choose not to supply any requested data or suggest an alternative solution

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Answer: Member of a different agreement

Please note that:

  • When supplying any of the Licensed Data, you still need to ensure you meet your other Member Licence obligations (see the 'standard requirements'), with the exception that you do not need to keep records
    Although it may not be necessary to provide any of our licences to the recipient, the member supplying the data may still choose to do so, especially if they wish to add their own terms of use
  • The member may still choose not to supply any requested data or suggest an alternative solution

Notes:

  • OSMA members are licensed for Scotland with the addition of a 2 km buffer. This offers some flexibility for mapping activity that focuses on the border between England and Scotland.
  • In addition, for specific project activity, the joint initiative clause allows members to share more information than may be covered by their respective agreements.

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Answer: Yes – You can share with an infrastructure body or utility company

Their licences allow similar data sharing rights to the public sector agreements.

If you are data sharing, you need to be aware of the extent of their licensing arrangements (for example: they may only have a small area of geography.)

Once you have established that the areas of geography are comparable then you may supply the party with the relevant information.

If not, you can still supply them with the necessary information to support your core business requirements under an End User Licence.

In both cases, you have to meet your other Member Licence obligations (see the 'standard requirements'), including the need to maintain records of the data provided and to whom.

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Answer: Yes – You can share data with another Ordnance Survey licensee

but, unless they are public sector, infrastructure bodies or utility companies; their licences do not allow the same data sharing rights as the public sector agreements. For more information, see the relevant heading above.

You may still share data with them to support your core business requirements, but you will need to use either an End User Licence, or if in support of meeting your INSPIRE obligations, through the End User Licence (INSPIRE).

Notes:

  • you have to meet your other Member Licence obligations (see the 'standard requirements'),
  • you will need to maintain records of the data provided and to whom. The exceptions to this are
    • when the End User Licence - INSPIRE is used, for more information please visit the INSPIRE guidance, or
    • the recipient is a member of either of the public sector agreements

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Answer: Yes – You can supply mapping data to a community group and other organisations (including charities)

How you supply them will depend on how the activity is directly supporting your core business, typically this will relate to the provision of public services.

The routes available are:

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Answer: MP or councillor

Yes you can supply mapping to an MP or councillor in the same way as you can to any other person or organisation. This means that the supply of any mapping data can only take place in support of your core business activity.

Note: councillors are regarded as being a part of the council when they are engaged in that council’s activities. As such, they are covered by that council’s Member Licence and, under that licence have the same data sharing rights, entitlements and obligations as other parts/departments of that council. Similarly, if needed, MP's can access OS mapping through the House of Commons library.

However if the intended purpose is for the data to form part of that MP's or councillor's election campaign activity, they must obtain their own mapping for that purpose.

For example: This could be achieved by using:

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Answer: Yes - You can share your data to meet your INSPIRE obligations.

For more information please visit our separate INSPIRE guidance.

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Answer: Yes – You can share data with LEA schools

LEA schools are regarded as being a department of the local education authority. As such, they are covered by their Member Licence and have the same data sharing rights and entitlements as other parts/departments of that authority.

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Answer: Non-LEA Schools

Non-LEA schools, which includes independent, free, academies and private schools, are not regarded as being a department of the local education authority.

You can still supply them with the necessary information to support your core business requirements under either of the End User Licences as appropriate.

Please note you will need to maintain records of the data provided and to whom except when the End User Licence - INSPIRE is used.

They can also get access to Ordnance Survey mapping through Digimaps for Schools.

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Answer: Yes – You can share data with Higher Education organisations (including Universities)

These organisations can access Ordnance Survey data through Edina.

Where you have established that they are a licensee, you can share data with them in the same way as any other organisation.

Similarly, if you are unsure whether they are a licensee for a comparable area and data set you can still supply them with data in support of your core business requirements under either of the End User Licences (INSPIRE or non-INSPIRE) as appropriate.

Please note you will need to maintain records of the data provided except when the End User Licence - INSPIRE is used.

Another option could be that they are acting as one of your contractors - for more information.

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Answer: Yes – You can share data with your contractors

If the contractor is working on your premises and are able to access your business systems, they are regarded as an ‘employee’. This means they can have the same access rights as any other member of your organisation.

If this is not the case, for more information please see the dedicated contractors section.

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Answer: Yes – You can share data with a commercial organisation.

If you have established that the commercial organisation is a licensee of Ordnance Survey, then you may share data with them for the same geographic area and data set as they hold.

You have to meet your other Member Licence obligations (see the 'standard requirements'), including

  • If they are not acting as a contractor of yours (for more information see the dedicated contractors section), you may still share data with them
    • through an End User Licence, or
    • if in support of meeting your INSPIRE obligations, through the End User Licence (INSPIRE). For more information visit the INSPIRE guidance, or
    • in response to a 'freedom of information' enquiry. For more information visit the FOIA / FOISA guidance

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Answer: Yes – You can respond to a citizen enquiry if it supports your core business

You can supply them with the necessary information to support your core business requirements under either of the End User Licences (INSPIRE or non-INSPIRE) as appropriate.

Please note you will need to maintain records of the data provided and to whom except where when the End User Licence - INSPIRE is used.

In addition if they are asking a specific enquiry (including 'Freedom of Information' requests) please visit the answering enquiries section.

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Answer: These are the 'standard requirements' when sharing Licensed Data

  • The data is supporting your core business.
  • You have the necessary permission(s) to provide information. For example, if you are including a third-party-copyright work do you have their written permission to include it in your data?
  • Your business information is being included (where appropriate).
  • It contains only the amount of mapping data needed to fulfil its function.
  • You have included the appropriate End User Licence * that contains the necessary information, such as

Please note:

  • Although the OS OpenData licence and products are referred to in the Member Licences, they do not apply to their use (including any data either derived from them or datasets that have been accepted as being on terms equivalent to OS OpenData terms) as they are not defined as Licensed Data.

  • Where you are using a third party web mapping API, in respect of Licensed Data, it is up to you as one of our licensees to determine whether any terms you are signing up to with your chosen 3rd party’s API service are compatible with your licence with us. This includes ensuring that those 3rd party terms do not claim more wide-raging or longer licence rights for the API provider than you as PSMA or OSMA member are able to grant under the terms of your Member Licence.

* you do not need to use an End User Licence when sharing data with another PSMA or OSMA member.

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Answer: Yes – You can provide your licensed data to the relevant public sector agreement member

This will allow them to for fill any cross-border element of the joint initiative.

When providing the information:

  • The One Scotland Member is already licensed for the same licensed data set and;
  • You need to keep appropriate records and, if asked, provide Ordnance Survey with a written record of all the joint initiatives for which the the data has been provided for.

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Answer: Yes - You can supply licensed data to Emergency Services in Emergency situations.

You can supply licensed data to Emergency Services in Emergency situations.

This allows you to supply licensed data to Emergency Services where they are not already licensed (either directly or as a contractor/end user) to use the same licenced data.

The Emergency Service is only allowed to use the licensed data in that emergency situation.

If you have provided data under this arrangement you need to keep appropriate records and inform Ordnance Survey of that supply.

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Answer: Yes – You can share data with an Ordnance Survey partner provided that:

  • The partner must already be licensed by Ordnance Survey under a framework contract (partners)
  • With the exception of a one off up front administration charge, you must not make any other charge for licensing or other fee’s in relation to the licensed data.
  • The supply (including 'Freedom of Information' requests) must be to support the delivery of your core business.
  • Both you and the partner must agree that supply of the licensed data is not either a competing or commercial activity. For further information please read clause 10 of the member licence.

Notes:

  • This section only applies to the use of Licensed Data, including derived data that does not meet the derived data notification criteria for being published on open terms. It does not apply to the OS OpenData licence terms and products (including any data either derived from them or datasets that have been accepted as being on terms equivalent to OS OpenData terms) as they are not defined as Licensed Data. But, if your derived data comprises a mixture of data that includes Licenced Data then the terms of the Member Licence will apply.

  • There are a number of changes to the sharing derived data section as we have introduced a ‘presumption to publish’ approach for datasets members have derived from OS data. This improves the existing exemptions process by extending the streamlined notification method and enabling you to release more of your Derived Data under open terms.
  • The intention for this change in our approach to derived data is to better support the Government's transparency agenda and to allow members of the public sector agreements to publish more of their derived data on open data terms, should they choose to do so.
  • In doing this, we are also conscious that, as a result of making more information available in the public sector licensing guidance, you may be approached by third parties seeking that you make more of your derived data to be freely available on those open data terms. These requests may include references as to how your derived data can be seen as meeting the criteria we have published.
  • To clarify the position and to reassure members, whilst we have extended the derived data arrangements, it is still entirely down to your own business decision-making and governance procedures to determine whether its use is appropriate and or your own organisation’s preferences for releasing your OS derived data under the options we are providing.
  • We would also like to remind you and others that this guidance only applies to our intellectual property rights and interests and does not relate to, or supersede, any third party Intellectual Property (IP) right.

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Answer: No - you do not need to keep records when

you are providing your Licensed Data to:

  • third parties who are going to be using your INSPIRE-compliant data for their "personal, non-commercial use".
    This is because that use is covered by the End User Licence - INSPIRE and so is subject to deemed accept terms (if ‘click to accept’ is not used).
  • For more information on publishing to meet your INSPIRE obligations, please see this page.

Other occasions when you do not need to keep records

You do not need to keep records when you are supplying your Licensed Data to:

  • other members of
    • the same public sector agreement (i.e. PSMA to PSMA member) irrespective of the use.
    • members of the other public sector agreement (i.e. PSMA to OSMA member) irrespective of the use

      (this is because these are covered by the respective Member Licence’s Data Sharing terms (see notes below))

  • where you have provided a derived data notification to us. for more information see the sharing derived data section (andnotes below).
  • where the data is being supplied as a pdf (or other form of electronic document) or as a paper copy.

Notes:

  • If the member is using OS OpenData (or derived data notified to us as being made available on terms equivalent to OS OpenData terms) then the OS OpenData Licence terms apply.
  • The derived data notification only applies to our interests in the derived data, the owner may still be applying their own terms.

When do you need to keep records?

You do need to keep records when supplying your Licensed Data to other third parties that is:

  • INSPIRE-compliant data and the recipient is not using that data for their "personal, non-commercial use" *
  • under the Joint Initiative terms
  • to a Contractor of yours
  • to support an Emergency situation
  • supplied in support of other aspects of your core business when the recipient is not a member of either the PSMA or OSMA*

* data being supplied this way is subject to the recipient accepting the standard End User Licence.

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Answer: Yes - you can share data in connection with judicial and parliamentary proceedings ...

where the matter is in connection with your core business.

In addition, you can also share data with others, to the extent as directed by those proceedings. But is should be noted that, beyond that, any further copying or use is not allowed.

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Answer: Yes - you can supply mapping in support of the 'Localism' agenda ...

to a neighbourhood planning group.

As background, since April 2012, local communities have been able to produce Neighbourhood Plans for their local area; which assist in putting in place planning policies for the future development and growth (including associated social, economic and environmental issues) of that neighbourhood.

Where there is a town, parish or community council; then that is the 'qualifying body' for leading on a Neighbourhood Plan in a designated area of their council area.

Note: although the local council may form a committee to create the plan, that committee is not eligible to join an agreement in their own right - the licence (or, if not already a member, a membership application) needs to be in the name of the town or parish council. See if your town or parish council is a member by using our locate my nearest member map.

Where there is no parish or town council, then a neighbourhood forum has to be formed; and be approved by the local authority.

These neighbourhood forums are not eligible to join the public sector agreements but can be provided with mapping data by a relevant member to support the process. How you supply them will depend on how the activity is directly supporting your core business.

In both scenarios, once the neighbourhood area is designated by the local planning authority, that authority is then legally required to provide advice and assistance to those bodies producing a Neighbourhood Plan.

The routes available are:

Further reading:

DCLG: A plain English guide to the Localism Act

Local Government Association: http://www.local.gov.uk/localism

Locality.org:http://locality.org.uk/our-work/policy/localism-act/

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Answer: This is a summary of the main requirements/considerations you need to make when sharing these types of data

Data sources for
your data
(which excludes
direct copies of
Ordnance Survey
data)

Member Licence
applicable?

Ordnance Survey
acknowledgement
required
(for details see
that section)

Other OS
licencing
conditions

OS Licence
needed
to be supplied
with data?

Independently
created data

No

None

None

No

OS OpenData

No

Yes - use the
OS OpenData
one

None

Yes - use the
OS OpenData
one

Mix of
OS OpenData
and independently
created data

No

Yes - use the
OS OpenData
one

None

Yes - use the
OS OpenData
one

'Free to use' dataNo

Yes - use the
OS OpenData
one

None

Yes - use the
OS OpenData
one

Derived data
notifications
(as meeting
OS OpenData
criteria)

No

Yes - use the
OS OpenData
one

None

Yes - use the
OS OpenData
one

Licensed Data

Yes

Yes - as per
Member Licence
requirements
for activity type
(see 'standard
requirements'
answer in this
section)

Yes - as per
Member Licence
requirements
for activity type
(see 'standard
requirements'
answer in this
section)

Yes - as per
Member Licence
requirements for
activity type
(see 'standard
requirements'
answer in this
section)

Mix of Licensed
Data and other
data

Yes

Yes - as per
Member Licence
requirements
for activity type
(see 'standard
requirements'
answer in this
section)

Yes - as per
Member Licence
requirements for
activity type
(see 'standard
requirements'
answer in this
section)

Yes - as per
Member Licence
requirements for
activity type
(see 'standard
requirements'
answer in this
section)

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