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Guidance for Donors, Dealers, and Archival Repositories

4.1 Acquisition agreement or contract

1 Leave a comment on paragraph 1 0 Formal, written agreements or contracts transfer title of the materials to the repository and address a number of important matters related to the acquisition. Key factors to clarify in a written agreement or contract related to the transfer of born-digital materials include:

  • 2 Leave a comment on paragraph 2 0
  • What digital materials will be transferred by a donor to a repository (e.g., hard drives, disks, email archives, websites, etc.)
  • What limitations, if any, will be set regarding the type and quantity of materials to be acquired
  • Whether all or only specifically identified files (e.g., word processing files, emails) will be captured, preserved, and made accessible
  • What will be done with files that are transferred but do not fit the scope of the acquisition agreement
  • Whether digital media should be returned to the donor or kept by the repository after files have been captured
  • Whether a donor or dealer will be allowed to retain a copy of the digital files for reference use or provide another copy of the digital files to a different repository.
  • How sensitive materials not protected by law (e.g., Social Security numbers, passwords, financial information, etc.) will be handled
  • Whether any files or information should be captured but redacted or restricted from access and when those restrictions will expire
  • How the parties will change or modify the terms of the agreement, if necessary
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Source: http://mcpress.media-commons.org/borndigital/key-stages-in-acquiring-digital-materials/acquisition-agreement-or-contract/