Data Transfer Agreement Clinical Trial Template for Indonesia

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Key Requirements PROMPT example:

Data Transfer Agreement Clinical Trial

"I need a Data Transfer Agreement Clinical Trial under Indonesian law for transferring patient data between our Jakarta-based research institution and a multinational pharmaceutical company in Switzerland, with the clinical trial scheduled to start in March 2025."

Document background
The Data Transfer Agreement Clinical Trial is essential for organizations conducting clinical trials in Indonesia where patient data needs to be shared between different entities. This document is specifically designed to comply with Indonesian regulatory requirements, including the Personal Data Protection Law, Health Law, and clinical trial regulations. It should be used whenever clinical trial data, including patient information, research results, and trial outcomes, needs to be transferred between parties such as research institutions, pharmaceutical companies, hospitals, or contract research organizations. The agreement covers crucial aspects such as data security measures, privacy protection, regulatory compliance, breach notification procedures, and specific requirements for handling sensitive medical data in the Indonesian jurisdiction. It also addresses cross-border data transfer requirements when applicable and ensures alignment with international clinical trial standards while maintaining compliance with local regulations.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their legal status and contact details

2. Background: Context of the clinical trial, purpose of data transfer, and relationship between parties

3. Definitions: Definitions of key terms including Clinical Trial Data, Personal Data, Processing, Security Measures, and other relevant terms

4. Scope and Purpose: Detailed description of the data transfer purpose, types of data involved, and processing activities

5. Compliance with Laws: Obligations to comply with Indonesian data protection laws, clinical trial regulations, and other applicable legislation

6. Data Transfer Requirements: Specific requirements for transferring clinical trial data, including security measures and transfer protocols

7. Data Protection Obligations: Obligations regarding data security, confidentiality, and protection of personal information

8. Security Measures: Technical and organizational security measures required for data protection

9. Data Subject Rights: Provisions for protecting rights of clinical trial participants and handling data subject requests

10. Breach Notification: Procedures for handling and reporting data breaches

11. Term and Termination: Duration of the agreement and conditions for termination

12. Return or Destruction of Data: Requirements for handling data after agreement termination

13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-processing: Include when third-party processors may be involved in data processing activities

2. Cross-border Transfer Provisions: Include when data will be transferred outside Indonesia

3. Audit Rights: Include when regular audits of data processing activities are required

4. Insurance Requirements: Include when specific insurance coverage for data protection is needed

5. Regulatory Reporting: Include when specific reporting to regulatory authorities is required

6. Intellectual Property Rights: Include when there are IP considerations in the data being transferred

7. Force Majeure: Include when specific force majeure provisions for data protection are needed

Suggested Schedules

1. Description of Data Transfer: Detailed description of the types of clinical trial data being transferred

2. Technical Security Requirements: Specific technical requirements for data transfer and storage

3. Data Processing Activities: Detailed description of all processing activities to be performed

4. Contact Points and Escalation Procedure: List of key contacts and procedures for communication

5. Standard Operating Procedures: Procedures for routine data transfer operations

6. Compliance Documentation: Required documentation for regulatory compliance

7. Data Retention Schedule: Schedule specifying retention periods for different types of data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Pharmaceuticals

Biotechnology

Medical Research

Clinical Research

Data Management

Healthcare Technology

Life Sciences

Relevant Teams

Legal

Clinical Operations

Data Management

Regulatory Affairs

Research and Development

Information Security

Compliance

Quality Assurance

Clinical Research

Medical Affairs

Relevant Roles

Clinical Trial Manager

Data Protection Officer

Research Director

Clinical Research Associate

Legal Counsel

Compliance Officer

Medical Director

Chief Medical Officer

Clinical Operations Manager

Research Coordinator

Data Manager

Information Security Officer

Regulatory Affairs Manager

Clinical Quality Assurance Manager

Principal Investigator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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