A Research Data Sharing Agreement is essential when organizations need to collaborate on research projects involving data exchange in Indonesia. This document type is particularly relevant when research institutions, universities, or companies need to share valuable research data while ensuring compliance with Indonesian regulations, including the Personal Data Protection Law and ITE Law. It's commonly used for scientific collaborations, clinical trials, academic research partnerships, and industry-academia cooperation. The agreement covers crucial aspects such as data security protocols, intellectual property rights, confidentiality requirements, and technical specifications for data transfer. It's designed to protect both the data provider and recipient while facilitating research advancement and ensuring regulatory compliance in Indonesia.
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1. Parties: Identifies the organizations or institutions entering into the agreement, including their legal status and authorized representatives
2. Background: Sets out the context of the research collaboration and purpose of data sharing
3. Definitions: Defines key terms used throughout the agreement, including technical and legal terminology
4. Scope of Agreement: Outlines the specific research data to be shared and the permitted purposes for its use
5. Data Protection and Security: Details the requirements for protecting data in accordance with Indonesian data protection laws
6. Rights and Responsibilities: Specifies the obligations of each party regarding data handling, storage, and use
7. Technical Requirements: Specifies the technical standards and protocols for data sharing and storage
8. Intellectual Property Rights: Addresses ownership and usage rights of the shared research data
9. Confidentiality: Sets out confidentiality obligations and restrictions on data disclosure
10. Duration and Termination: Specifies the term of the agreement and conditions for termination
11. Liability and Indemnification: Addresses responsibility for data breaches and other potential issues
12. Governing Law and Dispute Resolution: Specifies Indonesian law as governing law and methods for resolving disputes
1. Commercial Terms: Include when there are fees or costs associated with data sharing
2. International Transfer Provisions: Required when data will be transferred outside Indonesia
3. Publication Rights: Include when parties wish to publish research results based on shared data
4. Ethics Committee Approval: Required for human subject research data
5. Third-Party Rights: Include when third parties may have rights in the research data
6. Insurance Requirements: Include when specific insurance coverage is needed for high-risk data
7. Data Quality Assurance: Include when specific data quality standards must be maintained
8. Emergency Protocols: Include for sensitive data requiring specific incident response procedures
1. Schedule 1 - Description of Research Data: Detailed description of the data sets to be shared
2. Schedule 2 - Technical Specifications: Technical details of data format, transfer methods, and security protocols
3. Schedule 3 - Security Standards: Specific security requirements and compliance standards
4. Schedule 4 - Authorized Personnel: List of authorized individuals who may access the data
5. Schedule 5 - Data Processing Procedures: Detailed procedures for handling and processing the shared data
6. Appendix A - Data Protection Impact Assessment: Assessment of data protection risks and mitigation measures
7. Appendix B - Incident Response Plan: Procedures for handling data breaches or security incidents
8. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance measures
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