A Data Use Agreement For Research is essential when organizations need to share data for research purposes while maintaining legal compliance and data protection standards. This agreement, governed by English and Welsh law, is particularly crucial in today's data-driven research environment where proper handling of sensitive information is paramount. It addresses key requirements under UK GDPR and the Data Protection Act 2018, specifying how data can be used, stored, and protected throughout the research process. The agreement is designed to protect both the data provider's interests and the researcher's ability to conduct meaningful research while maintaining appropriate data protection standards.
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1. Parties: Identification of data provider and data recipient
2. Background: Context of the research and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including definitions of Data, Research Purpose, and Security Requirements
4. Scope of Data Use: Permitted uses and limitations of the data, including purpose limitation and data minimization principles
5. Data Protection Obligations: Compliance requirements with UK GDPR, Data Protection Act 2018, and other relevant data protection laws
6. Security Measures: Required technical and organizational measures to protect the data
7. Data Subject Rights: Procedures for handling data subject requests and maintaining data subject rights
8. Breach Notification: Procedures for reporting and handling data breaches
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Governing Law: Specification of English and Welsh law as governing law and jurisdiction
1. Clinical Trial Provisions: Additional requirements for clinical research compliance and Clinical Trials Regulation
2. International Transfer Provisions: Requirements and safeguards for transferring data outside the UK
3. Publication Rights: Terms and conditions for publishing research results and findings
4. Ethical Approval Requirements: Specific provisions relating to research ethics committee approval and ongoing compliance
5. Intellectual Property Rights: Provisions regarding ownership and use of research outputs and derived data
1. Schedule 1 - Data Specification: Detailed description of data to be shared, including data fields, format, and frequency
2. Schedule 2 - Security Requirements: Specific security measures and controls to be implemented by the data recipient
3. Schedule 3 - Research Protocol: Detailed methodology of the research project and how data will be used
4. Schedule 4 - Data Processing Activities: Detailed description of all data processing activities and purposes
5. Schedule 5 - Key Contacts: List of key contacts for both parties including Data Protection Officers and Research Leads
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