You might think the answer is yes. However, the answer is actually “no, not necessarily”, and that might be pretty significant. Let’s explain.
There may be situations where your agency is purchasing services that involve both your agency’s provision of agency data to the supplier, and the supplier’s own generation of data that your agency would consider to be agency data. For example, the services might involve the supplier analysing agency data, and that data analysis may result in the supplier’s generation of additional data – data it generates about your agency’s data.
In these kinds of situations, your agency may want to own the intellectual property rights in all of this data (primarily copyright in the compilations of data). However, under clause 12.1(c) of Schedule 2 of the GMC, “New Intellectual Property Rights that are not in the Deliverables will become the property of the Party that created them”. If any of the supplier-generated data does not comprise or fall within a deliverable, this could create a problem of split-ownership of the intellectual property rights in datasets that your agency may consider to be your agency’s data.
If the GMC is being used in a kind of situation described above and your agency wishes to ensure that it owns the intellectual property rights in all of the data, it could include the clause below (or a more detailed clause that deals with the creation and transfer of client records).
[1] Buyer owns all Buyer Data
[1.1] Despite clause 12.1(c) of Schedule 2, the Buyer owns and will own all Buyer Data (including all Intellectual Property Rights in such data), whenever created and regardless of whether it comprises or is contained within a Deliverable, and the Supplier agrees to do all things necessary to give effect to this clause [1]. To the extent any Intellectual Property Rights in the Buyer Data vest in the Supplier, the Supplier hereby irrevocably assigns such Intellectual Property Rights to the Buyer.
[1.2] In this clause [1], Buyer Data means all information relating to the Buyer, its business, transactions, activities, facilities, systems, technologies, stakeholders, customers, beneficiaries or suppliers, including all personal information as defined by the Privacy Act 2020, that the Buyer provides to the Supplier in connection with the Services or that the Supplier generates in providing the Services.