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Who owns the data when a platform partnership ends?

3 min

Content entered by a publisher's newsroom and its visitors remains the property of the publisher, and the platform holds an operational copy only in order to run the service. When the partnership ends, the publisher chooses between a free structured export of the entire database in a machine-readable format, or purchase of the operational database at market price if it wants to continue with the same structure elsewhere. There is no retention period during which the data stays with the platform after the agreement ends.

An obituary archive is not like other publisher content. It accumulates for decades, families return to it years after the notice was published, and it is often the single most visited section of a regional portal. Which makes the question of what happens to it when a platform agreement ends less theoretical than it sounds.

What does ownership actually mean here?

Ownership of content and possession of a database are different things, and a publisher can hold the first while losing practical access to the second. A clause saying the publisher owns its content is worth very little if the only way to get that content out is a support ticket and a CSV of unknown shape.

The useful clause is not about ownership. It is about the mechanism: in what format, on whose initiative, within what period, and at what cost.

What does a usable exit clause look like?

Two options, and the publisher picks. The first is a structured export of the entire database in a machine-readable format, at no cost. The second is purchase of the operational database at market price, which is the option that matters when a publisher wants to continue running the same structure on another platform rather than re-modelling twenty years of notices.

The second option exists because the first is not always enough. An export gives the records. It does not give the schema, the relationships, or the operational shape that made the archive work. A publisher migrating a live obituary section usually needs the second thing more than the first.

What happens if the platform stops operating?

This is the question publishers ask least often and should ask first, because it is the scenario in which the ordinary exit clause is unavailable. A partner agreement that only describes a voluntary, orderly separation does not describe the case that actually worries a publisher.

A controlled-exit clause covers it: a defined period for data export and technical support for the move to another platform, guaranteed in the event that the business closes. It is not a guarantee that the business will not close. It is a guarantee about what the publisher holds if it does.

Where is the data physically held?

Inside the European Union, on GDPR-compliant hosting. For a publisher this is not only a compliance question. Obituaries carry personal data about the deceased, about the family who submitted the notice, and about visitors who leave condolences. The jurisdiction in which that sits is part of the publisher's own exposure, not the platform's alone.

What to check before signing

  • Is the export free, and is the format named in the agreement rather than left to the supplier?
  • Is there a buyout option for the operational database, and is the price mechanism defined?
  • Is there a retention period during which the data stays with the supplier after termination?
  • What happens if the supplier ceases operations, and how long is the transition window?
  • Where is the data hosted, and under whose jurisdiction?
  • Who is contractually responsible for content submitted by visitors?

None of these are unusual requests. A supplier that cannot answer them in writing before a contract is signed is unlikely to answer them faster after one.

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