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Data Use Agreement For Research Template for England and Wales

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Key Requirements PROMPT example:

Data Use Agreement For Research

"I need a Data Use Agreement For Research to allow our university's genomics department to share anonymised genetic data with a pharmaceutical company for a clinical trial starting in March 2025, with specific provisions for international data transfers and publication rights."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Industries

UK GDPR: UK General Data Protection Regulation - The primary legislation governing data protection in the UK post-Brexit, setting out fundamental principles for data processing, security, and subject rights

Data Protection Act 2018: The UK's implementation of data protection law that works alongside UK GDPR, providing specific provisions for certain types of data processing including research

Freedom of Information Act 2000: Legislation that provides public right of access to information held by public authorities, which may impact research data sharing and transparency requirements

Common Law Duty of Confidentiality: Legal obligation to keep personal information confidential when obtained in circumstances where a duty of confidence is expected

Clinical Trials Regulation: Regulations governing clinical trials and research, including specific requirements for data handling in medical research contexts

Human Tissue Act 2004: Legislation regulating the storage and use of human tissue, including associated data in research contexts

Health Research Authority Requirements: Regulatory framework specific to health research in the UK, including guidelines for data protection in research studies

ICO Guidelines: Information Commissioner's Office guidance on data protection compliance, including specific provisions for research data

Research Ethics Committee Requirements: Standards and requirements set by ethics committees for conducting research, including data protection and subject privacy

Caldicott Principles: Guidelines for handling patient-identifiable information in healthcare settings, including research contexts

Industry Codes of Practice: Sector-specific guidelines and best practices for data handling in research contexts

International Data Transfer Requirements: Regulations governing the transfer of research data across international borders, including adequacy decisions and appropriate safeguards

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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