Data Transfer And Use Agreements – Research - Ӱ State University

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Data Transfer and Use Agreements

What is a DTUA?
A Data Transfer and Usage Agreement (DTUA) is a legally-binding document that arranges the terms for the transfer between organizations of nonpublic data to be used for research. A DTUA is different from a Material Transfer Agreement (MTA), which arranges for the transfer of biological materials, and a Confidential Disclosure Agreement (CDA), which arranges for the sharing of confidential information.  . Generally, MTAs and CDAs are used when an involved party is seeking a patent while a DTUA is enacted when a Ӱ State University employee plans to share research data with an external organization. “Data” includes but is not limited to human-subjects data falling under the jurisdiction of an Institutional Review Board (IRB). Researchers working with data sets containing Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) should refer to the .
What is the purpose of a DTUA?
DTUAs are intended to protect the confidentiality of the collected data, ensure safeguards to the research work conducted by Ӱ employees, and clearly delineate the receiving institution’s responsibilities in handling the data in question.
Who is involved in a DTUA?
For an Ӱ– Initiated DTUA
A Ӱ researcher planning to share data with an external organization, including but not limited to other academic institutions, private entities and governmental bodies, should recognize the need for a DTUA and contact the Research Compliance Officer. If the research project in question is sponsored, the Office of Research and Sponsored Programs should also be contacted to negotiate the terms of the agreement. A Ӱ researcher may not independently enter Ӱ into a DTUA; only an Ӱ-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into such an agreement. The Ӱ researcher is responsible for familiarity with the DTUA and should agree to the terms outlined therein. Terms should also be discussed with the recipient prior to drafting of the DTUA.
For an Externally – Initiated DTUA
External collaborators may request that Ӱ researchers engage in a DTUA. A Ӱ researcher may not independently enter Ӱ into a DTUA. The Research Compliance Officer should be contacted first. If the research project in question is sponsored, the Office of Research and Sponsored Programs should also be involved in the negotiation of the agreement. Only an Ӱ-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into a DTUA. The Ӱ researcher is responsible for familiarity with the DTUA and should agree to the terms outlined by the third party.
What is included in a DTUA?
A DTUA will typically include:

  1. Involved parties and project
  2. Data description
  3. Period of agreement
  4. Use of data
  5. Confidentiality and security
  6. Methods of transfer

The contents of a DTUA will be specific to each data set and more information may be required.

Who should I contact if I expect that I will need to be involved in a DTUA?
Ted Russo, Director
Officer of Research and Sponsored Programs
russot@montclair.edu
973-655-3219
If your transfer involves foreign entities, you must comply with Ӱ State University’s Global Compliance and Export Control policy. Contact exportcontrol@montclair.edu with any questions.

Text adapted from