Montclair State University’s Data Transfer and Usage Agreement Template (DOC)
- What is a DTUA?
- A Data Transfer and Usage Agreement (DTUA) is a legally-binding document that arranges the terms for the transfer between organizations of nonpublic data to be used for research. A DTUA is different from a Material Transfer Agreement (MTA), which arranges for the transfer of biological materials, and a Confidential Disclosure Agreement (CDA), which arranges for the sharing of confidential information. View more information on Montclair State University’s policies and processes regarding use of MTAs and CDAs here. Generally, MTAs and CDAs are used when an involved party is seeking a patent while a DTUA is enacted when a Montclair State University employee plans to share research data with an external organization. “Data” includes but is not limited to human-subjects data falling under the jurisdiction of an Institutional Review Board (IRB). Researchers working with data sets containing Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) should refer to the HIPAA Privacy Policy.
- What is the purpose of a DTUA?
- DTUAs are intended to protect the confidentiality of the collected data, ensure safeguards to the research work conducted by Montclair employees, and clearly delineate the receiving institution’s responsibilities in handling the data in question.
- Who is involved in a DTUA?
- For an Montclair– Initiated DTUA
A Montclair researcher planning to share data with an external organization, including but not limited to other academic institutions, private entities and governmental bodies, should recognize the need for a DTUA and contact the Research Compliance Officer. If the research project in question is sponsored, the Office of Research and Sponsored Programs should also be contacted to negotiate the terms of the agreement. A Montclair researcher may not independently enter Montclair into a DTUA; only an Montclair-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into such an agreement. The Montclair researcher is responsible for familiarity with the DTUA and should agree to the terms outlined therein. Terms should also be discussed with the recipient prior to drafting of the DTUA. - For an Externally – Initiated DTUA
External collaborators may request that Montclair researchers engage in a DTUA. A Montclair researcher may not independently enter Montclair into a DTUA. The Research Compliance Officer should be contacted first. If the research project in question is sponsored, the Office of Research and Sponsored Programs should also be involved in the negotiation of the agreement. Only an Montclair-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into a DTUA. The Montclair researcher is responsible for familiarity with the DTUA and should agree to the terms outlined by the third party. - What is included in a DTUA?
- A DTUA will typically include:
- Involved parties and project
- Data description
- Period of agreement
- Use of data
- Confidentiality and security
- Methods of transfer
The contents of a DTUA will be specific to each data set and more information may be required.
- Who should I contact if I expect that I will need to be involved in a DTUA?
- Ted Russo, Director
Officer of Research and Sponsored Programs
russot@3588612.com
973-655-3219 - If your transfer involves foreign entities, you must comply with Montclair State University’s Global Compliance and Export Control policy. Contact exportcontrol@3588612.com with any questions.
Text adapted from The Capacity Project