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Research Data Sharing Agreement

Research Data Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Research Data Sharing Agreement

"I need a Research Data Sharing Agreement for a medical research collaboration between Manila General Hospital and University of Philippines, starting March 2025, involving sharing of anonymized patient data for a diabetes study, with strict confidentiality requirements and compliance with Philippine healthcare regulations."

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Document background
A Research Data Sharing Agreement is a critical legal instrument used when organizations need to exchange research data while ensuring compliance with Philippine regulations, particularly the Data Privacy Act of 2012 and intellectual property laws. This document becomes necessary when research institutions, universities, or organizations collaborate on research projects, clinical trials, or scientific studies that require data exchange. It outlines specific protocols for data transfer, security requirements, confidentiality obligations, and permitted uses of the shared data. The agreement is particularly important in the Philippine context where data privacy regulations are strictly enforced, and cross-institutional research collaboration requires formal documentation of data sharing arrangements.
Suggested Sections

1. Parties: Identification of the data provider and data recipient organizations, including their legal representatives

2. Background: Context of the research project and purpose of the data sharing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of data, processing activities, and technical terminology

4. Scope of Agreement: Detailed description of the data to be shared and the permitted uses

5. Data Privacy and Protection: Compliance requirements with the Data Privacy Act and security measures for data protection

6. Rights and Responsibilities: Specific obligations of each party regarding data handling, storage, and use

7. Intellectual Property Rights: Ownership and usage rights of the shared data and any derivatives

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

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

10. Confidentiality: Obligations regarding confidential information handling

11. Publication and Attribution: Requirements for acknowledging data sources in publications

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

13. Signatures: Execution blocks for authorized signatories

Optional Sections

1. Commercial Terms: Include when there are fees or costs associated with data sharing

2. Third Party Rights: Include when the shared data involves or affects third party rights

3. International Transfer Provisions: Include when data will be transferred outside the Philippines

4. Emergency Protocols: Include for sensitive data requiring specific incident response procedures

5. Insurance Requirements: Include when specific insurance coverage is required for data protection

6. Ethics Committee Approval: Include when research involves human subjects or requires ethics approval

7. Data Destruction Protocols: Include when specific procedures for data destruction are required after project completion

Suggested Schedules

1. Schedule A - Data Specification: Detailed description of the data sets to be shared, including format, fields, and metadata

2. Schedule B - Security Protocols: Specific technical and organizational security measures to be implemented

3. Schedule C - Authorized Personnel: List of authorized individuals who will have access to the shared data

4. Schedule D - Data Processing Procedures: Step-by-step procedures for data handling and processing

5. Appendix 1 - Data Transfer Forms: Standard forms for requesting and documenting data transfers

6. Appendix 2 - Incident Report Template: Template for reporting security incidents or data breaches

7. Appendix 3 - Compliance Checklist: Checklist ensuring compliance with Data Privacy Act requirements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Personnel
Background IP
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Security Breach
Data Subject
Derived Data
Effective Date
Force Majeure
Intellectual Property Rights
Law
Licensed Purpose
Material Breach
National Privacy Commission
Personal Data
Processing
Project
Raw Data
Research Data
Research Outputs
Research Purpose
Research Team
Sensitive Personal Information
Security Measures
Shared Data
Technical Specifications
Term
Third Party
Transfer Protocol
Unauthorized Access
Working Day
Clauses
Parties and Purpose
Definitions
Data Sharing Scope
Data Protection
Confidentiality
Intellectual Property Rights
Security Requirements
Access Control
Data Transfer
Usage Rights
Publication Rights
Attribution Requirements
Warranties and Representations
Liability and Indemnification
Force Majeure
Term and Termination
Data Retention and Destruction
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Amendment
Notices
Costs
Relationship of Parties
Compliance with Laws
Audit Rights
Insurance
Third Party Rights
Relevant Industries

Healthcare

Education

Scientific Research

Biotechnology

Pharmaceutical

Information Technology

Environmental Science

Social Sciences

Agriculture

Public Health

Clinical Research

Relevant Teams

Legal

Research and Development

Compliance

Information Security

Data Protection

Scientific Affairs

Clinical Operations

Regulatory Affairs

Information Technology

Research Ethics

Intellectual Property

Relevant Roles

Research Director

Data Protection Officer

Chief Scientific Officer

Research Coordinator

Legal Counsel

Compliance Officer

Principal Investigator

Research Ethics Officer

Information Security Manager

Research Administrator

Chief Technology Officer

Data Manager

Research Project Manager

Intellectual Property Officer

Chief Research Officer

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): The primary law governing personal data protection in the Philippines, establishing guidelines for the processing of personal information and creating the National Privacy Commission
Intellectual Property Code of the Philippines (Republic Act No. 8293): Governs intellectual property rights, including potential IP rights in research data and databases
Philippine Technology Transfer Act of 2009 (Republic Act No. 10055): Provides framework for the ownership, management, use, and commercialization of intellectual property generated from R&D funded by government agencies
National Ethical Guidelines for Health and Health-Related Research: Guidelines issued by the Philippine Health Research Ethics Board for conducting health-related research, including data handling and sharing protocols
E-Commerce Act of 2000 (Republic Act No. 8792): Relevant for electronic data transfer and digital signatures in research data sharing agreements
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Provides legal framework for data security and protection against unauthorized access to research data
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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