Do You Really Own Your Data?
The Hidden Risk in Vendor Contracts
It’s easy to gloss over the fine print in a vendor contract. You’re focused on the features, the functionalities, and the promises of improved efficiency, but buried within those legal terms is something that could cause a firestorm when you try to leave: your data.
The truth is, fire departments change software vendors for many reasons. One of the most common reasons in recent years is that their vendor gets acquired by a larger company. This acquisition often means the department is forced to migrate to a new, unfamiliar platform. Other times, changes in leadership or organizational structure prompt a switch, such as when a volunteer department transitions into a hybrid model.
Still, regulatory changes, like the transition from NFIRS to NERIS, may require departments to seek new vendors that can support more robust documentation. And finally, general dissatisfaction with a vendor—whether it’s the lack of support or customization—can also force departments to seek greener pastures.
But in all these scenarios, the one constant factor is data. When you switch vendors, you’ll need to transfer years—if not decades—of historical data to your new platform. And if your vendor controls how and when you can access that data, you could be left in a bind.
Owning Your Data Means Getting Specific
Frequency, Response Time, and Format
Data ownership is more than just a checkbox on a contract. It’s a safeguard. A promise that no matter what happens, your department will have access to the information it needs to operate smoothly.
However, a simple clause stating, “You own your data” is not enough. Here are three key components of data ownership that every fire department should ensure is in their vendor contract:
- Frequency of Data Requests
- Your department should be able to request access to your data multiple times a year—ideally for free. If your vendor charges fees for every request or limits access to your data, it can put you in a vulnerable position when you need to switch systems quickly.
- Response Time
- How quickly does your vendor need to provide your data upon request? If they can take weeks or months, your department could face major disruptions. A reasonable timeframe would be three business days or less.
- Data Format
- It’s not just about getting your data back—it’s about receiving it in a usable format. A .csv or .txt file may seem standard, but these formats are error-prone and can make migration a nightmare. Instead, ensure your contract specifies that data should be provided in a .bak or “backpack” format. This ensures smooth data transfers and fewer issues during migration.
Why This Matters for Your Department
Consider This Scenario
Your department decides to switch vendors. You’ve chosen a new provider that offers the robust features you need for compliance, reporting, and management. But your current vendor drags its feet on providing your data. Or worse, they provide it in a format that’s incompatible with your new system.
Suddenly, the transition stalls. Incomplete or inaccurate data is loaded into the new software, leaving you with major gaps in records. Worse still, your department may be forced to extend its contract with the old vendor just to avoid downtime, resulting in overlapping payments and higher costs.
All of this can be avoided by having clear, enforceable data ownership terms in place.
Protect Your Department Today
Add Data Ownership Language to Your Contract
If your current vendor contract doesn’t include detailed language on data ownership, don’t worry—you can always request an amendment, even if you’re locked into a multi-year contract. And if the vendor is unwilling to include protective clauses, that might be the red flag you need to start looking elsewhere.
Here’s a sample of the kind of language you can ask to include in your contract*:
“All fire department data in the CUSTOMER’S [Software Vendor Name] System will remain the property of the CUSTOMER. This data is considered confidential. CUSTOMER can request a copy of all data in CUSTOMER’s [Software Vendor Name] System (the ‘Data Backup Request’) two (2) times per month. If the CUSTOMER decides not to continue their relationship with [Software Vendor Name], the CUSTOMER still owns the data, and [Software Vendor Name] will provide the Data Backup Request upon written notice. The Data Backup Request must be fulfilled by [Software Vendor Name] through the receipt of a .bak or ‘backpack’ file format by CUSTOMER within three (3) business days of a written request. [Software Vendor Name] cannot charge CUSTOMER for the Data Backup Request.”
The Bottom Line: DATA IS POWER
When it comes to managing fire departments, data is everything. It’s the foundation of effective reporting, decision-making, and planning. If you don’t truly own your data—if you can’t access it when you need it, in the format you need—you’re putting your department at risk.
So, the next time you sign a contract with a software vendor, don’t gloss over the fine print. Read the data ownership clauses carefully and ensure they protect your department’s interests. Because while switching vendors might be inevitable, losing access to your data should never be.
Have questions? Let’s chat!
*Disclaimer: The information provided here is for general informational purposes only and should not be considered legal advice. The specific needs and circumstances of each fire department or organization may vary, and legal requirements may differ based on jurisdiction. We strongly recommend that you consult with a qualified lawyer or legal advisor to review and tailor this information to ensure it aligns with your department’s legal obligations, contractual requirements, and overall objectives. Professional legal guidance is essential to ensure your rights and interests are fully protected.
