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Data Transfer Agreement Clinical Trial Template for United States

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Key Requirements PROMPT example:

Data Transfer Agreement Clinical Trial

"I need a Data Transfer Agreement Clinical Trial for transferring patient data between our pharmaceutical company in Boston and a CRO in San Diego, with specific provisions for handling genetic data and imaging files starting March 2025."

Document background
The Data Transfer Agreement Clinical Trial is essential when conducting clinical research involving multiple parties in the United States. This document is required whenever clinical trial data needs to be shared between sponsors, research institutions, CROs, and other stakeholders. It ensures compliance with federal regulations including HIPAA and FDA requirements, while establishing clear protocols for data handling, security measures, and privacy protection. The agreement is particularly crucial given the sensitive nature of clinical trial data and the strict regulatory environment governing human subject research in the U.S.
Suggested Sections

1. Parties: Identification of data controller, processor, and other relevant parties

2. Background: Context of the clinical trial and purpose of data transfer

3. Definitions: Key terms used throughout the agreement including regulatory references to HIPAA, Common Rule, FDA regulations, and HITECH Act

4. Scope of Data Transfer: Specific data elements to be transferred and permitted uses

5. Data Protection Obligations: Security measures and compliance requirements including HIPAA compliance measures

6. Confidentiality: Provisions for maintaining confidentiality of trial data and subject information

7. Data Security Requirements: Technical and organizational measures required for data protection

8. Term and Termination: Duration of the agreement and conditions for termination

9. Governing Law and Jurisdiction: Applicable US laws and jurisdiction for dispute resolution

Optional Sections

1. International Transfer Provisions: Additional provisions for cross-border data transfers, including GDPR compliance if applicable

2. Subprocessor Requirements: Terms and conditions for engaging third-party data processors

3. State-Specific Requirements: Additional requirements based on specific state laws where trial sites are located

4. Breach Notification Procedures: Detailed procedures for handling and reporting data breaches

Suggested Schedules

1. Schedule A - Data Processing Details: Detailed description of data elements and processing activities

2. Schedule B - Security Requirements: Specific technical and organizational measures for data protection

3. Schedule C - Study Protocol Reference: Reference to the clinical trial protocol governing data collection

4. Schedule D - Standard Contractual Clauses: Standard clauses for international data transfers if applicable

5. Schedule E - Data Retention Schedule: Timeframes for data retention and destruction requirements

Authors

Alex Denne

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

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Industries

HIPAA: Health Insurance Portability and Accountability Act - Primary federal law governing healthcare data privacy and security in the US, including requirements for protected health information (PHI)

Common Rule: Federal policy for the protection of human subjects in research (45 CFR part 46), establishing basic provisions for IRB oversight, informed consent, and compliance monitoring

FDA Regulations: FDA requirements (21 CFR parts 50, 54, 56, and 312) governing clinical trials, including informed consent, IRB review, and investigator obligations

HITECH Act: Health Information Technology for Economic and Clinical Health Act - Extends HIPAA requirements and strengthens enforcement of privacy and security rules

State Privacy Laws: Various state-specific medical privacy and data protection laws that may impose additional requirements beyond federal regulations

State Breach Laws: State-specific requirements for notification and handling of data breaches involving personal health information

GDPR Compliance: European Union's General Data Protection Regulation considerations if the clinical trial involves EU data subjects or cross-border data transfers

ICH GCP: International Council for Harmonisation - Good Clinical Practice guidelines establishing ethical and scientific quality standards for clinical trials

CDISC Standards: Clinical Data Interchange Standards Consortium standards for data format and structure in clinical research

HL7 Standards: Health Level Seven standards for transfer of clinical and administrative data between healthcare systems

Informed Consent Requirements: Specific requirements for obtaining and documenting participant consent, including data use and sharing provisions

Data Security Requirements: Technical and organizational measures required to ensure data protection, including encryption, access controls, and audit trails

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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