• Data Use and Data Access

    Agreements for Research

If you seek data for research from a third party, the Industry Alliances Office (IAO) will assist you by reviewing and executing your data 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 the process?

  1. You can initiate the process by having your Research Administrator fill out this Data 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 DUA or DAA and negotiates it with the data provider.​
  4. The agreement is signed by the data provider and, for Berkeley, by an IAO officer.​
  5. IAO sends copies of the DUA or DAA to the Principal Investigator (PI) for a “Read and Understood” signature.
  6. IAO then distributes the completed DUA or DAA to the PI and the data provider, and stores a copy of the DUA or DAA 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 a DUA or DAA varies widely depending on the restrictions placed upon the data by the provider. Data agreements may pose restrictions on use, intellectual property terms, publication requirements, and duties of confidentiality. Some data agreements contain conditions and restrictions that require negotiation, while others have simple terms needing no changes. The data 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 a DUA or DAA 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.

 

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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