Datentracking und DEAL – Zu den Verhandlungen 2022/2023 und den Folgen für die wissenschaftlichen Bibliotheken –

This article discusses the problem of data tracking in academic libraries in the context of the DEAL negotiations with the academic publishers Elsevier, Springer, and Wiley. The authors call for libraries and academic institutions to be made more aware of the issue of data tracking and for the inclusion of data protection clauses in license agreements with publishers. The article assesses the results of the recently concluded negotiations concerning data tracking and comes to a mixed conclusion. On the positive side, both sides have acknowledged the data protection shortcomings in the handling of data tracking and, although libraries and higher education institutions are liable to researchers for data protection violations and can therefore be sued independently of each other, compensation is provided internally through recourse by the institutions to the publishers. On the negative side, it should be noted that the agreed regulations only spell out the validity of the GDPR and thus fall far short of the expectations of scientific institutions and others. It was not possible to agree on a joint controller agreement on the issue of liability. It was also not possible to generally prevent the further processing of data outside of Europe.