{"id":21959,"date":"2026-02-24T14:09:00","date_gmt":"2026-02-24T19:09:00","guid":{"rendered":"https:\/\/www.montclair.edu\/sponsored-programs\/?p=21959"},"modified":"2026-02-24T14:09:00","modified_gmt":"2026-02-24T19:09:00","slug":"understanding-data-use-agreements-and-confidentiality-agreements","status":"publish","type":"post","link":"https:\/\/www.montclair.edu\/sponsored-programs\/2026\/02\/24\/understanding-data-use-agreements-and-confidentiality-agreements\/","title":{"rendered":"Understanding Data Use Agreements and Confidentiality Agreements"},"content":{"rendered":"

As research administrators, we are primarily responsible for negotiating sponsored research agreements\u2013i.e. agreements that exchange something of value (funding) to carry out a project\/scope of work. However, this article focuses on the two types of non-monetary <\/em><\/span>agreements we most commonly see at Montclair State University: Confidentiality Agreements and Data Use Agreements (DUAs). Both types of agreements outline provisions governing the transfer, protection, and destruction of sensitive and\/or confidential data.\u00a0 But what does this information look like, and how do the terms of these agreements differ depending on what information they seek to protect?<\/span><\/p>\n

In the context of Data Use Agreements that OSP negotiates, the term \u201cdata\u201d most commonly refers to human subjects data, such as medical records or survey results. Data Use Agreements can also cover sensitive administrative data, de-identified datasets, or government-regulated information. In contrast, \u201cconfidential information\u201d typically refers to non-public business\/organizational information. There are different matters at stake here. It is important to protect data about individuals from being disclosed to the general public to prevent invasion of privacy, discrimination, or other kinds of physical, social, or economic harm to these individuals. By contrast, it is important to keep an organization\u2019s proprietary information confidential to protect sensitive information and prevent other entities from infringing on intellectual property or releasing non-public information. Both these types of agreements can be one-way or two-way, or alternatively, \u201cunilateral,\u201d or \u201cbilateral.\u201d The party sharing the information is typically labeled the \u201cProvider,\u201d and the party receiving the data is the \u201cRecipient.\u201d<\/span><\/p>\n

What is a Data Use Agreement?<\/h3>\n

A Data Use Agreement is used when there is a transfer of data between institutions that includes human subjects data or other kinds of sensitive data. These can include, but are not limited to the following:<\/span><\/p>\n