Clinical Research Agreement Template for Switzerland

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What is a Clinical Research Agreement?

The Clinical Research Agreement (CRA) is a fundamental document used when conducting clinical research studies in Switzerland. It is required whenever a research institution, pharmaceutical company, or sponsor wishes to conduct clinical trials or research involving human subjects under Swiss jurisdiction. The agreement must comply with the Swiss Human Research Act, Clinical Trials Ordinance, and related regulations, while also adhering to international standards like ICH-GCP. This document is essential for defining the legal relationship between parties, outlining financial arrangements, establishing data protection protocols, and ensuring proper risk allocation. It includes specific provisions required by Swiss law regarding subject protection, liability insurance, and regulatory compliance, making it distinct from clinical research agreements in other jurisdictions. The CRA serves as the primary contractual framework that enables the practical implementation of clinical research while protecting the interests of all parties involved, including research subjects.

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Switzerland

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Clinical Research Agreement

A Clinical Research Agreement (CRA) is a legally binding contract that establishes the framework for conducting clinical trials and research studies involving human participants in Switzerland. This comprehensive document governs the relationship between multiple parties, including research institutions, pharmaceutical sponsors, principal investigators, and contract research organizations, ensuring that all clinical research activities comply with Swiss regulatory requirements and international standards.

When do you need this document?

You need a Clinical Research Agreement whenever you're planning to conduct clinical trials or research involving human subjects in Switzerland. This includes pharmaceutical companies testing new medications, medical device manufacturers conducting safety studies, research institutions investigating treatment protocols, or academic centers performing observational studies. The agreement is mandatory before initiating any research activities and must be in place before submitting applications to ethics committees or Swissmedic. You'll also need this document when establishing partnerships between multiple research sites, engaging contract research organizations, or when international sponsors collaborate with Swiss institutions to conduct multi-center studies.

Key legal considerations

Several critical legal provisions must be carefully addressed in your Clinical Research Agreement. Liability allocation is paramount, as Swiss law requires specific insurance coverage for research-related injuries and clear delineation of responsibility between sponsors and investigators. Data protection clauses must comply with the Federal Act on Data Protection, establishing protocols for collecting, processing, and transferring personal health information of research subjects. Intellectual property rights need precise definition, particularly regarding study data ownership, publication rights, and invention disclosures. Financial arrangements should detail payment schedules, cost coverage, and budget allocations while ensuring compliance with Swiss healthcare regulations. Termination provisions must address early study cessation, data handling upon termination, and ongoing obligations to research participants.

Legal requirements in Switzerland

Swiss clinical research agreements must comply with the Human Research Act (HRA), which establishes fundamental requirements for research involving human beings, including consent procedures, risk-benefit assessments, and subject protection measures. The Clinical Trials Ordinance provides detailed implementation requirements, specifying approval procedures, reporting obligations, and safety monitoring protocols that must be incorporated into your agreement. Compliance with the Therapeutic Products Act is essential when testing medicinal products or medical devices, requiring adherence to Good Clinical Practice guidelines and Swissmedic regulations. Your agreement must also address cantonal healthcare laws, as research conducted in healthcare institutions may be subject to additional regional requirements. Ethics committee approval procedures must be clearly outlined, including protocols for protocol amendments and adverse event reporting to ensure ongoing compliance throughout the study duration.

GOVERNING LAW

Applicable law

This Clinical Research Agreement is drafted to comply with Switzerland law. Key legislation includes:

Federal Act on Research involving Human Beings (Human Research Act, HRA): Primary legislation governing all research on diseases and human biology, including structure and functioning of human body. Sets fundamental requirements for conducting research with humans in Switzerland.
Ordinance on Clinical Trials in Human Research (Clinical Trials Ordinance, ClinO): Detailed regulations for conducting clinical trials, including approval procedures, reporting requirements, and safety measures.
Federal Act on Medicinal Products and Medical Devices (TPA): Regulates the development, manufacturing, and marketing of therapeutic products, including requirements for clinical trials of medicines and medical devices.
Federal Act on Data Protection (FADP): Governs the processing of personal data, particularly relevant for handling patient information in clinical trials and research data protection.
Swiss Code of Obligations: Contains general contract law principles applicable to research agreements, including formation, performance, and termination of contracts.
ICH-GCP Guidelines (as implemented in Swiss law): International standards for clinical trials incorporated into Swiss legislation, setting standards for conduct of clinical trials.
Federal Act on the Organisation of Federal Criminal Justice: Relevant for legal liability aspects and dispute resolution in clinical research agreements.
Swiss Civil Code: Contains fundamental principles of Swiss law, including personality rights and capacity to act, relevant for participant consent.
Ordinance on Human Research with the Exception of Clinical Trials (HRO): Regulates human research projects that are not clinical trials, including handling of biological material and health-related data.

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