Data Use Agreements
What is a DUA and what can it do for you?
A Data Use Agreement (“DUA”) is a contract that governs the exchange of specific data between two parties. DUA’s establish who is permitted to use and receive a unique data set, along with the allowable uses and disclosures of the data by the recipient. A DUA also assigns appropriate responsibility to the researcher and recipient for using the data.
Common terms of a DUA provide that the recipient will:
- not use, disclose, or destroy the data set other than as permitted by the DUA, or as required by law;
- use appropriate administrative, technical, and physical safeguards to prevent unauthorized uses or disclosures of the data set, including specific data transfer/access/disposition instructions;
- report to the provider any uses or disclosures of the data set that are in violation of a DUA;
- ensure that anyone to whom it provides the data set agree to the same requirements that apply to the recipient for receiving or accessing the data; and
- not re-identify or contact the data subjects (for data related to a human subject).
Is a DUA needed?
Still unsure if a DUA is needed? Download the DUA Decision Tree Updated 11/11/21
Who will handle my DUA?
Stanford’s research contracting and procurement offices can help manage executing the data agreement:
- Investigators and administrators that support investigators can now request new Research Related Agreements (RRAs) from within SeRA. The SeRA RRA Request Form serves as a single point of intake for non-sponsored agreements such as Data Use Agreements across all three contract offices: ORA, the Industrial Contracts Office and the Clinical Trials team in the Research Management Group.
- The SeRA RRA Request Form has been built with conditionality features so that only applicable questions will be asked based on the nature of the agreement being requested and is intended to facilitate the collection of important details up front to kick-start the process of agreement drafting, review, negotiation and completion.
- How to Request a Research Related Agreement from within SeRA
Faculty can sign a DUA in limited circumstances, as outlined by the Guidance for Faculty on Data Agreements Memo dated Feb. 5, 2015. For all other scenarios, contact the appropriate above listed contracting office.
Submitting an RRA/DUA Request
The SeRA RRA Request Form provides the relevant central office contract officer necessary background information about the research. A project summary, list of data elements, funding sources, expectations for sharing results and publication authorship, and human/animal/stem cell compliance (as applicable) are essential to ensuring the terms of the DUA are appropriate. The Officer may contact you with additional questions based on the information provided and the specific agreement terms. We may also consult with other compliance and legal offices at Stanford, as necessary, in our review of the DUA to ensure adequate protective measures and approvals are in place. Changes to the agreement may be necessary based on project/data specifications.