Data Transfer and Usage Agreements (DTUAs)

Data Transfer and Usage Agreement Template

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. Generally, MTAs and CDAs are used when an involved party is seeking a patent while a DTUA is enacted when a Montclair State University (MSU) 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 MSU and its employees, and clearly delineate the receiving institution’s responsibilities in handling the data in question.

Who is involved in a DTUA?

for an MSU – Initiated DTUA

An MSU 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. An MSU researcher may not indepentently enter MSU into a DTUA; only a MSU-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into such an agreement. The MSU 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 MSU researchers engage in a DTUA.  An MSU researcher may not independently enter MSU 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 a MSU-designated official (e.g., the Director of the Office of Research and Sponsored Programs), may enter the University into a DTUA. The MSU 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:

A. Involved parties and project
B. Data description
C. Period of agreement
D. Use of data
E. Confidentiality and security
F. 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?

Hila Berger, Research Compliance Officer

Research Integrity and Compliance

bergerh@montclair.edu, 973-655-7781

 

Ted Russo, Director

Officer of Research and Sponsored Programs

russot@montclair.edu, 973-655-3219

 

If your transfer involves foreign entities, you must comply with Global Compliance & Export Control policy. Contact exportcontrol@montclair.edu with any questions. 

 

Text adapted from The Capacity Project http://www.capacityproject.org/hris/