Data Transfer and Use Agreement Reviews

What is a Data Transfer and Use Agreement?

Data agreements, including Data Transfer and Use Agreements (“DTUA”, “DUA”, or “DTA”) are contracts that govern the exchange of specific data between two parties. A data agreement establishes the permitted disclosure of a unique data set, allowable uses, and any privacy or security requirements necessary for receiving and handling the data.  A data agreement also assigns appropriate responsibilities to the researcher(s) and recipient(s) using the data.

How to Request Contracting Services?

To request contracting services from Sponsored Program Services, please complete the Data Transfer and Use Request Form.

To request contracting services from Office of Legal Counsel, please complete the New Matter Intake Form.

Who will assist the Purdue Principal Investigator requesting a data agreement?

Data agreements, depending on the type, are handled by various Purdue offices including Sponsored Program Services (SPS), Office of Enrollment Management, and Office of Legal Counsel. 

• Data Use or Transfer Agreements for sponsored research projects or proposals, Data Use or Transfer Agreements related to subcontract activities, and university to university Data Use or Transfer Agreements for faculty research are reviewed by SPS.
• Data Use and Transfer Agreements not related to a sponsored research project or proposal, are reviewed by Office of Legal Counsel (E.g. data licenses and other access agreements for data, data agreements for student projects or degree requirements, data agreements for new faculty and students bringing (human subjects or sensitive) data from their previous institution, and data agreements for faculty leaving the University).
• Data licenses/data agreements where Purdue is paying for the data are reviewed by Office of Legal Counsel.
• Any data agreement with an international entity is reviewed by Office of Legal Counsel.
• Publically available datasets do not require review. However, investigators must submit eligible datasets to the Purdue IRB/HRPP office prior to conducting research. If a data provider requires signature of authorized signatory official, then SPS or Office of Legal Counsel can assist. https://www.irb.purdue.edu/training/
• Business Associate Agreements are reviewed by Office of Legal Counsel. https://www.purdue.edu/legalcounsel/working%20w%20us/Employees.html

• Requests for Student Data are reviewed by Office of Enrollment Management.

https://www.purdue.edu/enrollmentmanagement/data-reports/student-data-reports.php

Please note that at Purdue University data agreements must be signed by an authorized institutional representative.  Principal investigators are not authorized institutional representatives.  Associated reviews for regulatory compliance including, but not limited to, secure data storage and research uses are also required.  Associated reviews will be conducted in parallel with contractual negotiations. 

We are committed to providing timely, accurate, and courteous assistance to our faculty, and other University personnel. Negotiation times for data agreements vary widely depending on the data type and requirements of the data provider. To reduce delays, please request a draft contract from the data provider before submitting a data request or submitting a protocol application to the IRB.

SPS Data Agreement Review Process for Sponsored Research

Steps for requesting a Data Transfer or Use Agreement from SPS.

*Please note: A current Purdue faculty member must certify the Data Transfer and Use Request From and submit the request for a data agreement.  SPS will not accept data requests from students or external parties.  If you are a current or former student, a faculty member must serve as the Principal Investigator for the data agreement and submit the request. The Principal Investigator bears full responsibility for ensuring the accuracy of the information in the request form and that a student meets all conditions of a data agreement.  Any request with incomplete information will be returned for additional information before processing your request.

Is Purdue receiving data or providing data for research?

-If Purdue is receiving data from an outside entity:

1. Request an agreement from the data provider before submitting a request to SPS
2. Complete the Data Transfer and Use Request Form
3. Submit the Data Transfer and Use Request Form and draft agreement obtained from the data provider to spscontr@purdue.edu

Please note if Purdue is receiving data, SPS is not responsible for determining the data type or if an agreement is required.  An authorized official of the outside entity provider must make this determination.  Data requests submitted without a draft agreement can lead to significant delays and lengthy negotiations. Purdue will use the agreement provided by the outside entity to begin negotiations.

-If Purdue is providing data to an outside entity:

Complete the Data Transfer and Use Request Form and return it to spscontr@purdue.edu.

Please note Purdue will use its template DUA when providing Purdue owned Data to an outside entity.

Frequently Asked Question and other Data Transfer Resources

When should I submit a protocol application to the IRB for review?  Coming Soon

Data Protection:

Resources from Purdue Libraries (http://guides.lib.purdue.edu/DataStorage) and Secure Purdue (https://www.purdue.edu/securepurdue/) may be useful to assist researchers with proper data protections.

HIPAA and Protected Health Information Guidelines and Resources

https://www.purdue.edu/legalcounsel/HIPAA/index.html

Family Educational Rights and Privacy Act (FERPA) Resources

https://www.purdue.edu/registrar/FERPA/index.html