General Terms and Conditions

The Recherche Data Gouv platform is accessible at https://recherche.data.gouv.fr. It is the national federated platform for open and shared research data serving the national scientific community. This platform was an integral part of the second National Plan for Open Science (PNSO) and offers a multidisciplinary data repository, a registry which reports data hosted in other repositories and a web portal.

The Recherche Data Gouv platform is thus a sovereign publishing solution for depositing and reporting data from French public research and its collaboration initiatives.

The Open Science Steering Committee presided by the Ministry of Higher Education and Research's DGRI (Directorate-General for Research and Innovation) entrusted the development and management of the Recherche Data Gouv platform to the National Research Institute for Agriculture, Food and Environment (INRAE) which represents the legal entity "Entrepôt-Catalogue Recherche Data Gouv" '(Recherche Data Gouv Repository-Registry). The Recherche Data Gouv platform uses technologies like Dataverse, the open-source solution developed by Harvard which has been widely adopted by the French community.

All use of the Recherche Data Gouv platform is subject to compliance with these General Terms and Conditions (GTC).

Definitions used are:

Administrator of an institutional space: any person who manages an institutional space or collection on the Recherche Data Gouv platform and the associated rights. S/he is responsible for ensuring compliance with the administrator's charter within that space.

Functional administrator of the Recherche Data Gouv Repository-Registry: any person authorised to administer the Recherche Data Gouv platform by the Recherche Data Gouv Repository-Registry. S/he creates institutional spaces, guarantees compliance with international standards and principles for best data management practices on the Recherche Data Gouv platform, allocates rights to the administrators of institutional spaces and leads the networks of institutional space administrators and curators.

API (web): a structured interface enabling automatic interaction with a third-party information system which generally includes on-demand data retrieval.

Administrative authority: any public or private person entrusted with a public service mission (Article L. 300-2 of the CRPA - Code for Relations between the Public and the Administration).

Contributor: any person who possesses an account on the Recherche Data Gouv platform and is authorised to deposit, document or publish a dataset.

Curator: any person who curates datasets by checking the metadata and data files deposited on the Recherche Data Gouv platform. A curator may suggest modifications to improve the datasets' documentation quality in compliance with the curators' charter.

Institutional space: a space created on the Recherche Data Gouv platform in response to a request by a French research institution. The administration and curation of this space will be delegated to the requesting institution.

Public information: the information included in documents produced or received by Administrative Authorities which may be communicated to the public or disseminated publicly in compliance with Articles L. 312-1 to L. 312-1-2 of the CRPA and which is not subject to intellectual property rights held by third parties (Articles L. 321-1 et seq.).

Dataset: a coherent set of information or resources (data files, explanation files, API, links, etc.) and metadata (presentation, publication date, keywords, geographical/temporal coverage, etc.).

OAI-PMH (Open Archive Initiative Protocol for Metadata Harvesting): a protocol for harvesting or automatically collecting metadata from the sites of data providers.

Organisation: any legal entity (administrative authorities, associations, companies) or informal group (working group, business hub, professional sectors).

Re-use: the use by any natural or legal person (the re-user) of published data for other purposes than those for which it was produced or received.

User: any natural or legal person who accesses the Recherche Data Gouv platform to contribute, consult or download content.

Object

The Recherche Data Gouv platform enables:

• Contributors to publish research datasets;
• Users to consult, view or download these data.

Functionalities

It is free to use the Recherche Data Gouv platform.

Consulting and downloading data

No registration is required to view or download the metadata made available on the Recherche Data Gouv platform. Authentication may be required to consult or download certain data files published with a restricted access. All Users must respect each dataset's specific user licence.

The data must be cited in any work and product of research that uses them by including the Digital Object Identifier (DOI) in its clickable form https://doi.org/xxxx.

All Users may share links to the datasets, preferably by using links of the https://doi.org/xxxx type. They may also directly contact any Contributor who has published a dataset. 

Any Users may take part in quality control for the Recherche Data Gouv platform by reporting content that is illegal or contrary to the GTC by sending an email to support-recherchedatagouv@inrae.fr.

Functionalities which Contributors can access

All Contributors can supply or update the Recherche Data Gouv platform by publishing datasets and enriching these with metadata and documents (readme, protocols, etc).

Contributors should first register on the Recherche Data Gouv platform to enable them to do this. This registration is nominative and does not cover the legal entity they represent.

A Contributor who registers thus creates an account on the Recherche Data Gouv platform. More details on this are provided in the 'Privacy' section of these terms and conditions.

Once their account is approved, Contributors have immediate access to various functionalities according to their profile and particularly:

• according to the rights assigned by the Administrator of the institutional space that Contributors are accessing, they may deposit, document and publish a dataset including one or more downloadable files or links to data from in another repository;
• access data to which access is restricted according to the rights assigned to these data by their owners.

Code of Conduct and User Responsibilities

Publication of a dataset

General regulations

The Recherche Data Gouv platform provides access to research data published by Contributors which may be downloaded via an API or the platform's web interface.

The Recherche Data Gouv platform does not disseminate data for advertising purposes, which promotes private interests, is contrary to public order or generally illegal. If necessary the Recherche Data Gouv platform's administrators may delete or make access impossible to such data without prior notice.

The Recherche Data Gouv Repository-Registry encourages Contributors to document and enhance the reliability of the data they publish. The Contributors should update the data they publish in accordance with article L. 312-1-1 of the CRPA.

Contributors are solely responsible for the data, metadata or content they publish on the Recherche Data Gouv platform.

Personal data(sets)

Datasets containing personal data including non-nominative data which enables the re-identification of natural persons, may not be disseminated on the Recherche Data Gouv platform unless those concerned have given their consent or if this is provided for by a legislative regulation or by Decree No. 2018-1117 dated December 10th 2018 related to Article L. 312-1-2 of the CRPA.

The Contributor is responsible for the datasets s/he publishes on the Recherche Data Gouv platform and should ensure that such publications comply with all current legislation. The Contributor shall take all necessary measures to this end and the Recherche Data Gouv Repository-Registry encourages the Contributor to mention the presence of any personal data in the documentation which accompanies the Dataset and to specify any legal restrictions on re-use if such exist.

Anyone re-using such data must comply with all current legislation on the protection of personal data in their territory of residence and respect the relevant provisions of the licence attached to these data.

Data covered by intellectual property rights

When the Contributor publishes a dataset covered by intellectual property rights that mean it cannot be re-used, s/he shall mention this fact in the documentation which accompanies the Dataset. The Contributor shall indicate the identity of the natural or legal person holding such rights and, if this is not known, the identity of the person from whom the information in question was obtained.

Licences

Datasets made up of Public Information alone are disseminated under an Open Licence or ODbL (see: https://www.data.gouv.fr/licences) or a CC-BY.

When appropriate, datasets containing non-public Information shall be disseminated with the consent of the third party owner or co-owner of rights to such information under an Open Licence or one of the open definition licences (see: http://opendefinition.org/licenses).

Datasets are subject to the licence selected by the Contributor who publishes the data and this licence should be displayed on the page of each Dataset.

Use of the support-recherchedatagouv@inrae.fr contact address

This contact address can be used to contact the Recherche Data Gouv platform's Administrators but is not intended to be used for inquiries about Users' individual situations regarding an Administrative Authority or to contact a Contributor directly.

Commitments and responsibilities

Quality of the service provided

Subject to the provisions set out in the following paragraph, the Recherche Data Gouv Repository-Registry shall make all possible efforts to ensure the availability of the Recherche Data Gouv platform. 

However, the Recherche Data Gouv Repository-Registry also reserves the right to change, modify or suspend the Recherche Data Gouv platform without prior notice for maintenance or any other reason it judges to be necessary. Users shall not receive any compensation for the Recherche Data Gouv platform being unavailable in this way.

Contributors to the Recherche Data Gouv Repository-Registry may publish datasets via the Recherche Data Gouv platform web interface by using its programming interface (web API) and the various ways of reporting datasets that are available.

Users of the Recherche Data Gouv Repository-Registry can access datasets via the Recherche Data Gouv platform interface or by using a web API.

The Recherche Data Gouv Repository-Registry undertakes to take all reasonable precautions to preserve the integrity of the available datasets and particularly by preventing their distortion or damage.

The Recherche Data Gouv Repository-Registry reserves the right to modify the metadata associated with a dataset solely to enhance indexing without distorting their meaning and thus ensure a better level of information for Users.

Responsibilities of the Recherche Data Gouv Repository-Registry

The Recherche Data Gouv Repository-Registry does not carry out any a priori controls of publications on the Recherche Data Gouv platform by the Administrative Authorities or Contributors. Should the Recherche Data Gouv Repository-Registry become aware of illegal content, the Administrators of the Recherche Data Gouv platform will quickly remove these data or disable access to them. A procedure is available on the Recherche Data Gouv platform for Users to report content that does not comply with these General Terms and Conditions.

The Recherche Data Gouv Repository-Registry particularly reserves the right to delete or make the following unavailable without prior notice:

• contributions which are unrelated to the Recherche Data Gouv platform's core activity, are published to deliberately hinder the platform's proper functioning, all advertising, promotional material, propaganda or proselytism and any contribution that contravenes current laws and regulations;
• the profile of a User, Contributor, Administrator of an institutional space or an Organisation and to refuse access to the Recherche Data Gouv platform in the event that these General Terms and Conditions are violated.

Transparency regarding the ranking of datasets 

The ranking order of datasets from the Recherche Data Gouv platform search engine is based on a free algorithm provided by Dataverse and SolR.

Datasets are sorted by default by "date modified ". Users can choose to change the display so the datasets are sorted by their title in ascending or descending order.

The Recherche Data Gouv Repository-Registry reserves the right to highlight certain content (datasets or resources) in the Recherche Data Gouv platform's different pages.

Content made available by Recherche Data Gouv

The contents made available on the Recherche Data Gouv platform such as the guides provided, the logos and iconographic representations are the property of the Recherche Data Gouv Repository-Registry.

Changes to the General Terms and Conditions

The terms of these General Terms and Conditions may be amended at any time without prior notice to reflect any changes to the Recherche Data Gouv platform or to legislation or for any other reason judged to be necessary by the Recherche Data Gouv Repository-Registry.

If such changes are applied, Users will be asked to accept the GTC again before continuing to use the Recherche Data Gouv platform.

Privacy

Personal data

Users are not required to register or log in to consult published metadata although authentication may be required to view or download some published datasets.

The Recherche Data Gouv platform collects the personal data (name, first name, email) required to create your User account on the Recherche Data Gouv platform if applicable. The account page is not indexed by the Recherche Data Gouv platform's search engine.

The Recherche Data Gouv Repository-Registry undertakes to take all measures necessary to ensure the security and confidentiality of the e-mail address of a User with an account. Email addresses are never communicated to third parties except in cases provided for by law.

The publisher of the Recherche Data Gouv platform digitally processes these data and is responsible for such processing which is recorded in the publisher of the Recherche Data Gouv platform's register.

These data are required for the implementation and proper functioning of the Recherche Data Gouv platform and to process requests made via the contact form. Data linked to a Contributor's account are required to post data sets. The legal basis for this processing is the performance of the publisher's public interest mission particularly through the creation and maintenance of informative websites.

The length of conservation of these data is:

• one year for data collected through the visitor register;
• as long as your account is active for data related to the User account.

These data are essential for the proper functioning of the Recherche Data Gouv platform (information related to cookies) and the management of your Contributor account on the Recherche Data Gouv platform.

A refusal to provide all or part of the data does not stop you consulting the Recherche Data Gouv platform and you will still receive replies to your requests for information. A refusal to provide the data required to open a User account on the Recherche Data Gouv platform will stop you gaining access to the services related to having an account.

The recipients of the data are the authorised personnel working on the implementation of the Recherche Data Gouv platform and the services offered thereon. The information collected will only be communicated to the exterior for the sole purpose of managing the Recherche Data Gouv platform (audience measurement for example) or to comply with legal and regulatory obligations.

You have the right to access, correct, oppose for legitimate reasons, limit and delete all data concerning you under the conditions set out in law No. 78-17 dated January 6th 1978 on Data Processing, Data Files and Individual Liberties and in the general data protection regulation No. 2016/679. You have the right to give general or specific instructions regarding the conservation, deletion and communication of personal data concerning you after your death in accordance with Articles 32-I-6° and 40-1 of the amended Act dated January 6th 1978. You also have the right to lodge a complaint with a supervisory authority such as the CNIL (Commission on Information Technology and Liberties).

You can exercise these rights by contacting the publisher of the Recherche Data Gouv platform by email at support-recherchedatagouv@inrae.fr apart from your right to lodge a complaint which must be made directly to a supervisory authority.

Cookies 

The Recherche Data Gouv platform stores cookies to measure the audience (number of visits, pages consulted) and respects the conditions for Internet users' exemption of consent as defined by the recommendation on "Cookies" by the Commission on Information Technology and Liberties (CNIL); the Recherche Data Gouv platform uses the open source web statistics measurement software, Matomo. All the data collected are stored on the same server as the Recherche Data Gouv platform which is hosted at INRAE in France in a sovereign cloud and is controlled by the Recherche Data Gouv Repository-Registry. This means that the tracking information for visitors is not shared with third parties.

Reference texts

• Volume III of the Code for Relations between the public and the Administration
• Law No. 78-17 of January 6th 1978 on Data Processing, Data Files and Individual Liberties
• Law No. 2004-575 of June 21st 2004, on Confidence in the Digital Economy
• Law No. 2016-1321 of October 7th 2016 for a Digital Republic

Legal information

The Recherche Data Gouv Repository-Registry

Represented by the National Research Institute for Agriculture, Food and Environment (INRAE),

a public scientific and technological establishment whose headquarters are located at 147 rue de l’Université - 75338 PARIS CEDEX 07 and is represented by its Chairman and CEO, Mr Philippe MAUGUIN.

Director of Publication: Claire Giry (Directorate-General for Research and Innovation - MESR)

Contact

For all questions about these General Terms and Conditions, you can write to us at the following address:

Direction pour la Science Ouverte

Institut National de Recherche pour l’Agriculture, l’Alimentation et l’Environnement, 147 rue de l’Université, 75338 Paris Cedex 07.

support-recherchedatagouv@inrae.fr

Development and housing

National Research Institute for Agriculture, Food and Environment (INRAE), 147 rue de l’Université, 75338 Paris Cedex 07.

INRAE is a public scientific and technological establishment. Its statutes are published in the French rural and maritime fishing code (Code rural et de la pêche maritime) (articles R831-1 et seq.).

It is represented by its Chairman and CEO, Mr Philippe MAUGUIN.

Identification Numbers

SIREN: 180070039
APE Code: 7219Z
Intra-community VAT number: FR 57 1800700039
Contact: support-recherchedatagouv@inrae.fr