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Data Transfer Agreement Clinical Trial
1. Parties: Identification of the data exporter and data importer, including their roles (e.g., controller, processor) and full contact details
2. Background: Context of the clinical trial, purpose of the data transfer agreement, and relationship to the main clinical trial agreement
3. Definitions: Key terms including Clinical Trial-specific terminology, data protection terms, and any jurisdiction-specific definitions
4. Subject Matter and Duration: Details of the specific data transfers, duration of processing, and link to the clinical trial protocol
5. Nature and Purpose of Processing: Detailed description of how the data will be used, processed, and analyzed in the context of the clinical trial
6. Types of Personal Data: Specific categories of personal data being transferred, including special categories of data (health data)
7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with GDPR rights
8. Security Measures: Technical and organizational measures required for data protection and compliance with GCP requirements
9. Sub-processing: Conditions and requirements for engaging sub-processors in the data processing activities
10. Data Breach Notification: Procedures for handling and reporting data breaches, including timing and responsibilities
11. Audit Rights: Provisions for conducting audits and inspections of data processing activities
12. Transfer Mechanisms: Legal basis for data transfers and applicable transfer mechanisms
13. Liability and Indemnification: Allocation of responsibilities and liabilities between parties
14. Term and Termination: Duration of the agreement and conditions for termination
15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Emergency Procedures: Include when the clinical trial involves critical safety reporting requirements or emergency scenarios
2. Data Retention and Destruction: Include specific retention requirements beyond standard terms when required by the trial protocol
3. Cross-border Transfers: Include when data will be transferred outside the EU/EEA
4. Regulatory Authority Access: Include when specific provisions for regulatory authority access need to be detailed
5. Intellectual Property Rights: Include when there are specific IP considerations related to the processed data
6. Insurance Requirements: Include when specific insurance coverage for data processing activities is required
7. Language Requirements: Include when documents need to be maintained in multiple languages
8. Force Majeure: Include when specific circumstances might affect data processing capabilities
1. Technical and Organizational Measures: Detailed description of security measures, including specific requirements for clinical trial data
2. Data Processing Activities: Detailed list of processing activities, purposes, and data categories
3. Authorized Sub-processors: List of approved sub-processors and their roles in data processing
4. Transfer Impact Assessment: Assessment of risks and safeguards for data transfers
5. Security Breach Response Plan: Detailed procedures for handling data breaches
6. Data Retention Schedule: Specific retention periods for different categories of trial data
7. Standard Contractual Clauses: If applicable, EU SCCs for international transfers
8. Contact Details and Escalation Procedures: List of key contacts and escalation procedures for both parties
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