• Data and Software

    Agreements for Research

Obtaining Data or Software for Research

If you seek data or software for research from a third party, the Industry Alliances Office (IAO) will assist you by reviewing and executing a data or software agreement.

What is a Research Data Use Agreement?

Research Data Use Agreements govern access to and treatment of data provided by an outside organization to Berkeley for use in Berkeley research. Data may be unstructured or structured, but are not accompanied by a license agreement. Examples include the following:

  •  Financial data​
  •  Healthcare data, including human patient data governed by the Health Insurance Portability and Accountability Act (HIPAA)​
  •  Economic data
  •  Proprietary business information​

What is a Data Access Agreement?

Similar to a Data Use Agreement, a Data Access Agreement (DAA) is an agreement used to gain access to another party's secure data site to use the data there; no data transfer takes place.

What is a Software Agreement?

Software Agreement is an agreement to receive software for research purposes. These agreements typically contain restrictions regarding confidentiality, export control, feedback, modifications, data, and unauthorized use.

What is the process?

  1. You can initiate the process by having your Research Administrator fill out this Data/Software Request Form and email it to mta@berkeley.edu. After you review and approve it, the record will be automatically routed to the Industry Alliances Office (IAO), which then reviews the record. If you are submitting a request related to COVID-19, please include "COVID-19" in the project description on the request form for question 12.
  2. An IAO representative will reach out to you (or you may initiate) to discuss the background, requirements, and any special conditions that must be considered.​
  3. The IAO drafts or reviews the agreement and negotiates it with the data or software provider.​
  4. The agreement is signed by the data or software provider and, for Berkeley, by an IAO officer.​
  5. IAO sends copies of the agreement to the Principal Investigator (PI) for a “Read and Understood” signature.
  6. IAO then distributes the completed agreement to the PI and the data or software provider, and stores a copy of the agreement in Phoebe.

How long will this take?

The length of time from when IAO receives a completed Phoebe record from the Berkeley requestor to when we sign an agreement varies widely depending on the restrictions placed upon the data or software by the provider. Data and software agreements may pose restrictions on use, intellectual property terms, publication requirements, and duties of confidentiality. Some data and software agreements contain conditions and restrictions that require negotiation, while others have simple terms needing no changes. The data or software use itself may be subject to certain restrictions, such as privacy terms or export control restrictions. For example, personal financial and health data assembled by a data provider may need to be aggregated, de-identified, or otherwise disguised to obscure the identity of the person initially providing it. Some data also may be subject to statutory limitations in how it is stored, used, and discarded.

The IAO Contract Administrator can update you on the progress of an agreement that you have requested, and involve you in the process if you would like.

Where can I get help?

Contact an Industry Alliances Office Contract Administrator to assist you with reviewing and executing a data or software agreement.

Visit the Berkeley Research Data Portal to locate information on data discovery, sharing, management, analysis, security, and privacy.

Sending Data or Software Outside UC Berkeley

If you are seeking to send your data to another party, the Office of Technology Licensing (OTL) can assist you in putting together an outgoing data use or software agreement. An agreement ensures that the transfer of data or software meets university policies. The agreement safeguards you, your lab, your future rights, and the requirements of funding agencies, and must be completed before sending the data. A data use agreement is similar to a confidentiality agreement, placing restrictions on how the other party can use and disclose your non-public data. DUAs address important issues such as limitations on how the recipient can use of the data, obligations to safeguard the data, liability for harm arising from the use of the data, publication rights and restrictions, and privacy rights.

FAQS

 
A Data Use Agreement is required when receiving non public data from a third party including where the receipt of data bears restrictions on use, sharing, confidentiality, publication, or other legal terms and conditions.

A Data Access Agreement is required to gain access to another party's secure data site to use the data there; no data transfer takes place.

Research Data Use Agreements (DUAs) govern access to and treatment of data provided by an outside organization to Berkeley for use in Berkeley research.

Similar to a Data Use Agreement, a Data Access Agreement (DAA) is an agreement used to gain access to another party's secure data site to use the data there; no data transfer takes place. To have your DUA or DAA reviewed, contact the Industry Alliances Office.

The Sponsored Projects Office handles federal, state, and non-profit awards.

The Industry Alliances Office handles industry contracts as well as stand-alone data use agreements.

Research IT reviews and consults on security plans.

Consult with the UC Berkeley Office for Protection of Human Subjects (OPHS) Committee for the Protection of Human Subjects (CPHS) for guidance on what needs CPHS/OPHS Review.

For more information, visit our FAQs page or Contact Us

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IPIRA is committed to meeting the needs of people with disabilities in a timely manner by preventing and removing barriers to accessibility. We also adhere to the UC Berkeley policy on nondiscrimination, and protect the privacy of confidential information.