Data Use Agreement Requirements

A data use agreement (ACA) is set up between a provider institution and a recipient institution to document the transferred data. These include conditions relating to issues such as ownership, authorized use of data, publication of results, development of inventions, data disposal and liability. Establishing preconditions for data transmission avoids problems and misunderstandings after the research begins. The process of developing, verifying and negotiating data use agreements depends on the data, the data source, the expected use and compliance with the Rutgers guidelines. prohibit the recipient from using or disclosing the information unless the agreement permits or otherwise allows it; If the data is outside these problematic domains, the data can be transferred without the formal need for a data usage agreement. However, if the IP wishes to use a data usage agreement, we can use a number of safeguards. Limited records can only contain the following identifiers: The Office of Corporate Contracts also recommends an AEA for studies with unidentified data, as there are still risks that we should face as far as possible. require recipients to ensure that all representatives (including potential subcontractors) to whom they disclose the information accept the same restrictions as those provided by the agreement; and if Stanford is the provider of a limited data set, Stanford requires that an AEA be signed to ensure that the appropriate provisions to protect the limited data set are in place. Here are the contacts for different types of research: A covered company (like Stanford) can use a member of its own staff to create the “limited data set.” On the other hand, the recipient can also establish a “limited data set” as long as the person or entity acts as a counterparty to the company concerned. If a Stanford researcher is the recipient of a limited set of data from a non-Stanford source, the Stanford researcher may be asked to sign the other party`s AAU.

In this case, the Stanford researcher should consult with the relevant contract office to determine whether, materially, he is in agreement with the Stanford AAU. This means that all of the following direct identifiers, which relate to the person or their loved ones, employers or household members, must be removed so that a data set can be considered a limited data set: Rutger investigators cannot sign DUAs on behalf of the university. The agreement must be concluded in the form of a contract between institutions and signed by an agent who is able to hire the university on conditions. An AED must be completed before a limited data set is used or disclosed to an external institution or an external party. A Data Use Agreement (AEA) is a specific type of agreement that is required and must be entered into in accordance with the HIPAA data protection rule before using a restricted dataset (defined below) from a medical dataset to an external institution or to one of three purposes: (1) Research, (2) Public Health or (3) Public Health Operations.