Top 9 Proper Guidelines on How to Make Data Transfer Agreement Template

• 16 July, 2020
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Top 9 proper guidelines on how to make data transfer agreement template

What is a data transfer agreement template?

Data transfer agreements template are used to transfer human subject data from one institution to another for research purposes. A data transfer agreements template is also a contract between the providing and recipient institutions that governs the legal obligations and restrictions, as well as compliance with applicable laws and regulations, related to the transfer of such data between the parties.

How to use data transfer agreement template?

Data transfer agreement template must be concluded between legal entities which are to be bound by the contractual provisions, not between individual scientists involved in the transfer and the related research, since they would not be able to guarantee the implementation of the contractual obligations. The template assumes that human personal data are only transferred after the recipient has gone through an application process, since open access to data or data which have not been fully anonymized are critical due to the fact that informed consent to the use for a specified purpose from the donor/data subject would be needed.

What is the purpose of data transfer agreement template?

The scope of the data transfer agreement template is limited to the transfer of material/data and may depend on the distribution policies of the provider using this template. Especially the provisions concerning charges, credits, assignment of intellectual property etc. should be assessed carefully and changed/deleted where appropriate with regard to the policies of the user.

Top 9 proper guidelines on how to make data transfer agreement template

1. Providing Institute:
   [Insert name and full address of Providing Institute]
   Contact: [insert name and contact details (including email address) of Providing Institute’s Principal Investigator]

2. Receiving Institute:
   [Insert name and full address of Receiving Institute]
   Contact: [insert name and contact details (including email address) of Receiving Institute’s Principal Investigator]

3. Materials:
   [Insert precise description of Materials], held by [insert name of Providing Institute], and made available to the
   Receiving Institute hereunder in a quantity of [insert quantity to be provided by Providing Institute].

4. Information:
   Any information, unpublished or otherwise, owned by [insert name of Providing Institute] and communicated to the Receiving Institute by [insert name of Providing Institute] during the term of this Agreement relating to the Materials, their production, properties, and/or experimental results observed using the Materials or any derivatives therefrom.

5. Purposes of Use:
   The Materials and Information are provided for the following purposes, as more fully described in Appendix 2 (the “Research Project”): [Insert a brief description of the purposes for which the Materials, and products incorporating or developed with the materials, may be used.] [Add reference to a specific grant, etc. when appropriate.]

6. Restrictions on Use:
   The Materials and Information shall not be used for any purpose other than the Purposes of Use. In particular, the Materials and Information shall not be used for [insert any specific restrictions on use].

7. Term of Agreement:
   This Agreement shall remain in full force and effect as from the date of its signature by both parties for a duration of [specify duration/may be based on project duration].

8. Materials Charges:
   PLEASE KEEP THE APPLICABLE CLAUSE (1) AND DELETE THE REST.

A. As per price list The cost of sample retrieval, processing – including DNA extraction – packaging, and shipment will be charged by [insert name of Providing Institute] to the Receiving Institute at the latest rate [indicate where rate will be made available for informational purposes].

B. As per agreed unit price The cost of sample retrieval, processing – including DNA extraction – packaging, and shipment will be charged by [insert name of Providing Institute] to the Receiving Institute at the following agreed rate: [list unit price].

C. Lump sum amount The cost of sample retrieval, processing – including DNA extraction – packaging, and shipment will be charged by [insert name of Providing Institute] to the Receiving Institute for the total lump sum amount of [amount and currency in words].

D. Free of charge The sample retrieval, processing – including DNA extraction – packaging, and shipment will be provided free of charge.

9. General Conditions:
   The General Conditions attached hereto under Appendix 1 form an integral part of this Agreement.