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Research Data Sharing Agreement

Research Data Sharing Agreement Template for South Africa

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Key Requirements PROMPT example:

Research Data Sharing Agreement

"I need a Research Data Sharing Agreement between University of Cape Town and Stellenbosch University for sharing anonymized clinical trial data, with strict POPIA compliance requirements and provisions for joint publication rights."

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Document background
A Research Data Sharing Agreement is essential when organizations need to share research data while maintaining compliance with South African legal requirements, particularly POPIA. This document is typically used when research institutions, universities, or organizations collaborate on research projects requiring data exchange. It establishes the legal framework for data sharing, covering aspects such as data protection, transfer mechanisms, usage rights, and confidentiality obligations. The agreement is particularly relevant in South Africa where data protection regulations require strict compliance, especially when handling personal information in research contexts. It includes specific provisions for data security, ethical considerations, and intellectual property rights, making it suitable for both public and private sector research collaborations.
Suggested Sections

1. Parties: Identification and details of the data provider and data recipient organizations

2. Background: Context of the research project and purpose of the data sharing arrangement

3. Definitions: Definitions of key terms including 'Research Data', 'Personal Information', 'Processing', 'Security Measures', and other relevant terms

4. Purpose and Scope: Detailed description of the purpose for which the data will be shared and used, including research objectives

5. Data Protection Compliance: Obligations under POPIA and other relevant data protection laws, including data minimization and purpose limitation principles

6. Data Transfer and Security: Protocols for secure data transfer, storage, and handling, including technical and organizational measures

7. Use Restrictions: Limitations on how the shared data may be used, including prohibitions on unauthorized use or sharing

8. Confidentiality: Obligations to maintain confidentiality of the shared data and research information

9. Intellectual Property Rights: Ownership and intellectual property rights related to the original data and derived research outputs

10. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

11. Return or Destruction of Data: Requirements for handling shared data upon termination of the agreement

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement provisions

Optional Sections

1. Commercial Use: Required when there is potential for commercial exploitation of research results

2. International Transfer Provisions: Required when data will be transferred outside South Africa

3. Publication Rights: Needed when parties wish to specify rights and procedures for publishing research results

4. Cost Sharing: Include when there are costs associated with data preparation or sharing that need to be allocated

5. Third Party Rights: Required when third parties may have rights in the data or derived research

6. Ethics Committee Approval: Necessary when research involves human subjects or requires ethical clearance

7. Data Quality and Validation: Include when specific data quality standards need to be maintained

8. Insurance and Indemnity: Required for high-risk research or where significant liability concerns exist

Suggested Schedules

1. Schedule 1: Description of Research Data: Detailed description of the data sets to be shared, including format, fields, and metadata

2. Schedule 2: Security Requirements: Technical specifications for data security measures and protocols

3. Schedule 3: Authorized Personnel: List of authorized individuals who may access and process the shared data

4. Schedule 4: Data Processing Procedures: Step-by-step procedures for data handling, processing, and analysis

5. Schedule 5: Ethics Approvals: Copies of relevant ethics committee approvals and conditions

6. Appendix A: Data Transfer Protocol: Technical specifications for secure data transfer methods

7. Appendix B: Incident Response Plan: Procedures for handling data breaches or security incidents

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions
































Clauses






























Relevant Industries

Healthcare

Academic Research

Pharmaceutical

Biotechnology

Information Technology

Environmental Science

Social Sciences

Medical Research

Education

Public Health

Data Analytics

Agriculture

Clinical Research

Relevant Teams

Legal

Research & Development

Compliance

Information Security

Data Protection

Research Operations

Clinical Operations

Scientific Affairs

Information Technology

Research Ethics

Data Management

Research Administration

Regulatory Affairs

Relevant Roles

Research Director

Data Protection Officer

Chief Scientific Officer

Research Coordinator

Legal Counsel

Compliance Manager

Principal Investigator

Research Ethics Officer

Information Security Manager

Research Administrator

Chief Research Officer

Data Manager

Research Compliance Officer

Project Manager

Chief Technology Officer

Industries






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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