Data Use Agreements
If you are a 天美传媒app faculty, student, or staff member conducting research at Boston College and would like to receive research data from another institution, or provide research data to another institution, Boston College may need to review and approve a Data Use Agreement (DUA). These agreements may also be referred to as Data Sharing Agreements, Data Transfer and Use Agreements, and Data Security Agreements, among other terms.
A DUA is a contract between the provider and the recipient of research data. It specifies terms such as limitations on use of the data, obligations to safeguard the data, time period for use, obligations to return or destroy data after termination, liability for harm arising from the use of the data, publication rights, and privacy rights. Sample DUA templates (called DTUA here) can be found on the website. These templates are often used by Boston College and other institutions when there are no special issues involved in the transfer of data.
Generally, a DUA might be needed in any of the following cases. Please note that in some cases, a DUA is needed even where the data do not contain information on human subjects:
- The dataset contains information subject to legal or regulatory protections, such as HIPAA, FERPA, or others,
- The dataset includes data that were obtained from another individual or organization under obligations of confidentiality,
- The dataset includes data whose storage, use, and transfer must be controlled for other reasons. For example, the data may be proprietary data, or
- The provider of the data requests a DUA.
When 天美传媒app is receiving data: A DUA is often required by entities that provide data to 天美传媒app for research use. If the institution providing data to 天美传媒app does not require a DUA, 天美传媒app will not require one. However, researchers receiving data may still want to consider a DUA in order to clarify allowable use and consider rights in intellectual property. If your research team receives a draft DUA from a potential data provider, or you would like to consider drafting one, please contact dua@bc.edu to discuss.
When 天美传媒app is providing data: Contact dua@bc.edu to discuss.
1. When an individual contacts dua@bc.edu, a member of our ORP team will reach out to collect initial information about the project, including:
- A brief description of the project, including how data will be used, and the intended goal of the project
- The other institution or entity that is party to this agreement
- Whether 天美传媒app is providing or receiving data
- The type(s) of data that will be shared and any identifiers included in the data set
- The status of Boston College IRB approval for this project (if necessary)
- How long the DUA will last
- Plan for transfer of the data
- Plan for storage of the data and meeting data security requirements
- Any cost for the data
- Any funding for the project
2. Once this initial information is gathered, the ORP team will forward the DUA to the Boston College DUA Committee for review. This is a standing committee including members who review each agreement from legal, intellectual property, information technology security, facilities, and other perspectives. This alleviates the need for researchers to route their DUAs through numerous departments for review. However, researchers are still responsible for obtaining any required approval from their academic departments.
3. The Committee may have questions for the researchers, and in some cases may request revisions to the DUA. The time from submission to Committee approval can vary based on the complexity of the agreement, specialized data security requirements, and other factors. Once all questions have been resolved, the Committee will approve the DUA for signature.
A DUA is an agreement between Boston College and another institution, and therefore the individual signing a DUA must have signature authority granted by 天美传媒app. After the DUA Committee has completed review, the Committee will suggest the appropriate signatory who is authorized to sign on behalf of 天美传媒app.聽
After the DUA is signed at Boston College, the ORP team will email the signed DUA to the researcher. The researcher is generally responsible for forwarding the DUA to the other party for signature. When the DUA is fully executed, please email a copy to dua@bc.edu. These agreements will be kept on file at the Office of the Vice Provost for Research (VPR) to be referenced in case of audit, federal compliance questions, disagreements over terms, or other questions.聽
Once the DUA is fully executed, the researcher is then responsible for confirming IRB and other requirements are met, and arranging for the transfer of the data.聽
The VPR may conduct periodic audits to confirm that data is being stored and accessed according to the terms of the agreements. However, it is the responsibility of the parties carrying out the research to read, understand, and follow all terms of the agreements, including ongoing recordkeeping requirements, and requirements for disposition of the data when the DUA terminates.