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Research Data Sharing Agreement

Research Data Sharing Agreement Template for Canada

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Key Requirements PROMPT example:

Research Data Sharing Agreement

"I need a Research Data Sharing Agreement for a collaboration between our university medical research center and a private pharmaceutical company, involving sensitive patient data from clinical trials, with strict compliance requirements for PIPEDA and provincial health privacy laws."

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Document background
The Research Data Sharing Agreement is essential for organizations engaged in collaborative research activities within Canada where valuable research data needs to be shared between parties. This agreement becomes necessary when research institutions, healthcare organizations, or other entities need to exchange data while ensuring compliance with Canadian federal and provincial privacy laws, including PIPEDA, provincial privacy legislation, and the Tri-Council Policy Statement. The document addresses critical aspects such as data protection, confidentiality, intellectual property rights, and specific use limitations. It is particularly important in contexts involving sensitive data, multi-institutional research projects, or when research outcomes may have commercial potential. The agreement should be customized based on the nature of the data, the jurisdictions involved (considering provincial variations in privacy laws), and specific research requirements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the research project, purpose of data sharing, and relationship between the parties

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Research Data', 'Confidential Information', 'Data Subject', etc.

4. Purpose and Scope: Specific purposes for which the data will be shared and used, including any limitations

5. Data Description: Detailed description of the data to be shared, including format, content, and sensitivity level

6. Terms of Data Transfer: Procedures and timing for data transfer, including technical requirements and security measures

7. Data Protection and Security: Security measures required to protect the data, including storage, access controls, and encryption requirements

8. Confidentiality Obligations: Obligations regarding confidentiality and restrictions on disclosure

9. Permitted Uses and Restrictions: Specific allowed uses of the data and explicit restrictions

10. Privacy Compliance: Requirements for compliance with relevant privacy laws and regulations

11. Intellectual Property Rights: Ownership and IP rights related to the original data and derived works

12. Publication Rights: Terms governing publication of research results and acknowledgment requirements

13. Term and Termination: Duration of the agreement and circumstances for termination

14. Data Retention and Destruction: Requirements for data retention period and secure destruction procedures

15. General Provisions: Standard legal provisions including governing law, dispute resolution, and amendment procedures

Optional Sections

1. Commercial Use: Terms governing any potential commercial exploitation of research results, included when commercial applications are anticipated

2. International Transfer: Additional provisions for cross-border data transfers, required when data is shared internationally

3. Third Party Access: Terms governing access by third parties such as subcontractors or collaborators, included when third party involvement is anticipated

4. Cost Recovery: Terms regarding cost sharing or recovery for data preparation and transfer, included when significant costs are involved

5. Insurance Requirements: Specific insurance obligations, included when dealing with high-risk data or activities

6. Ethics Committee Approval: Reference to ethics committee requirements and approvals, included for human subjects research

7. Data Quality Assurance: Provisions regarding data quality standards and verification, included for critical research data

8. Emergency Protocols: Procedures for handling data breaches or emergencies, included for sensitive data sharing

9. Derived Data Rights: Specific provisions regarding rights to data derived from the original dataset, included when derivative works are expected

Suggested Schedules

1. Schedule A - Data Description: Detailed technical description of the data sets, including variables, format, and metadata

2. Schedule B - Security Standards: Specific technical and organizational security measures required

3. Schedule C - Transfer Protocols: Technical specifications for data transfer methods and procedures

4. Schedule D - Authorized Personnel: List of authorized individuals who may access the data

5. Schedule E - Data Management Plan: Detailed plan for handling, storing, and managing the data

6. Schedule F - Privacy Impact Assessment: Assessment of privacy risks and mitigation measures

7. Appendix 1 - Consent Forms: Templates or copies of relevant consent forms from data subjects

8. Appendix 2 - Ethics Approvals: Copies of relevant ethics committee approvals

9. Appendix 3 - Data Request Form: Standard form for requesting access to or copies of the data

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions











































Clauses































Relevant Industries

Healthcare and Medical Research

Biotechnology

Pharmaceutical

Environmental Sciences

Social Sciences

Data Analytics

Academic Research

Public Health

Clinical Research

Information Technology

Agricultural Research

Climate Science

Genomics Research

Natural Sciences

Relevant Teams

Legal

Research Administration

Information Security

Data Protection

Research Ethics

Compliance

Information Technology

Research Operations

Intellectual Property

Privacy

Research Governance

Contracts Administration

Relevant Roles

Research Director

Chief Scientific Officer

Data Protection Officer

Privacy Officer

Research Ethics Coordinator

Legal Counsel

Research Administrator

Principal Investigator

Research Compliance Manager

Information Security Officer

Research Program Manager

Chief Research Officer

Data Steward

Research Integrity Officer

Intellectual Property Manager

Research Contracts Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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