Wat Is Een Data Transfer Agreement

If the data is disclosed to persons outside the University of Ghent, it is necessary to reach an agreement. The content of the transmission and the question of what can and what will happen to the data are discussed. Based on the roles that the institutions or individuals concerned play in the processing of personal data during or after your research, a number of possible similarities are distinguished: An agreement on data sharing should include at least the following elements: In addition to the roles played by researchers, institutions and organisations, the country in which these researchers, institutions or organisations also decide to impose certain requirements or conditions for the transfer of data. Be sure to read the research advice on transfers to other countries or international organizations. Data sharing is an important way to improve the ability of researchers, scientists and policymakers to analyze data and translate it into meaningful reports and knowledge. Data sharing prevents duplication of data collection and encourages diversity of thinking and collaboration, as others are able to use the data to answer questions that the original data collectors may not have considered. Data sharing also promotes accountability and transparency, allowing researchers to validate each other`s results. Finally, data from multiple sources can often be combined to allow for comparisons that transcend national and departmental boundaries. Ideally, these additional concerns should be taken into account in the data sharing agreement in order to facilitate clear communication and, if necessary, put in place additional safeguards: a data exchange agreement is a formal contract that clearly documents what data is shared and how the data can be used.

Such an agreement has two objectives. First, it protects the authority that provides the data and ensures that the data is not misused. It is important to recognize that the process of setting up data exchange agreements varies from country to country, as well as the type of data shared and the agencies that share the data. If you are sending or receiving documents or data (which are not already covered by another agreement), you must use an MTA or DUA that meets the legal and policy requirements of the University of Virginia. A Material Transfer Agreement (TMA) is a contract that documents the transfer of materials from one researcher to another. A Data Use Agreement (DUA) is a contract that documents the transfer of certain types of data from one researcher to another. Second, it avoids misunderstandings on the part of the data provider and the agency receiving the data by ensuring that all issues relating to the use of the data are discussed. Before the data is shared, the provider and recipient must speak in person or by phone to discuss data sharing and use issues and reach a common understanding, which is then documented in a data exchange agreement. MTAs and DUAs are legally binding agreements and can only be signed by authorized university officials. It is an agreement between two or more organizations that records data sharing agreements (sets).

This may concern personal data and non-personal data. The agreement specifies which data will be disclosed for how long, for what purpose and what restrictions apply to the use of the data. The agreement also specifies how the data is to be secured and treated confidentially and what to be done with the data after the termination of the agreement. The transfer and exchange of personal data is considered data processing and requires appropriate measures. The first question you should ask yourself is whether you are a controller or a processor. The GDPR states that you are jointly responsible for the parties with whom you share personal data. Under certain conditions, research data containing personal data may be shared within Ghent University with other scientists (inside or outside your own research project) for further processing or re-use. It is important to document and motivate this data transfer in the GDPR registry.

Don`t forget to fill in the GDPR register for each new treatment by yourself or by other researchers at Ghent University. Additional permits required depend on the circumstances. When materials leave the United States, an export control review is required. If the transmission involves human subjects, IRB approval may be required. In the case of data, you may be asked to obtain a statement that the personal health data (PHI) has been anonymized in accordance with HIPAA. Ask your contract negotiator for advice. Here is a list of the elements that are typically included in a data sharing agreement. While this list may cover the basics, additional concerns may be relevant to a particular dataset or vendor agency. In a more complex organizational or cooperative structure, we define the role of all parties.

We show the possible implications and work with you to define a strategy to make this ecosystem GDPR compliant. Our data protection experts provide tailored support and advice on the agreements, role and capacity of all parties. This allows us to negotiate, draft and review the right contracts. Step One: Fill out the appropriate form on the Grants and Contracts website Download the handy checklist to make sure your agreement is complete. These simple contracts set out important legal rights that can have a significant impact on your research, e.B. Your ability to publish or maintain your intellectual property rights. MTAs and DUAs also address regulatory compliance and liability issues. Once you know if you are a controller or a subcontractor, you must conclude the correct contract(s). What it is depends on the treatment process. Therefore, it is important that you know in which function your company operates. This allows you to know to what extent you are responsible and what agreement you need to conclude with the third party (cooperation partners, suppliers, members, consultants, etc.).

To create these contracts, you can contact contracten@ugent.be. Adapted text from the capacity project www.capacityproject.org/hris/ second step: Submit a form (and a draft MTA/DUA if you have received one) to SOMOGC@hscmail.mcc.virginia.edu Third step: Request and submit additional documents. If your ATM requires additional documents such as IRB approval, submit the contract application form early and obtain the additional approvals alongside contract negotiations. If you are unsure of the additional approvals needed, contact the contract negotiator you have been awarded. Below are examples of permissions that may be required depending on the circumstances: What are the conditions for the reuse of personal data? Any agreement may be extended or restricted. If Dutch law is applicable to an agreement, many aspects are already regulated by law. So you would not have to include that in the agreement. This limits the scope of the agreement. On the other hand, it is useful to have a document that contains all the rights and obligations of the parties.

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