A Data Use Agreement (DUA) is a binding contract between organizations governing the transfer and use of data.

DUA terms and conditions vary depending on the laws and regulations governing the particular type of data as well as the policies and/or requirements of the Provider. A DUA must be signed by an Institutional Authorized Signatory; the following Office for Sponsored Programs (OSP) and Office of Research Administration (ORA) offices are the authorized DUA signatories for Harvard and help facilitate the entire DUA process while keeping Harvard researchers’ interests protected.

Looking for additional institution specific information, reach out to the following teams:

As you consider relevant information concerning DUAs, please also visit the DMWG page on Data Safety. Importantly, Harvard has been rolling out additional information regarding updates to HU Research Data Security Policies which may be informative to any discussion in drafting DUAs.

DUA Procedures

Please see the DUA guidance published by the Office for the Vice Provost for Research (OVPR) for further information on the highlighted process steps below.

  • Incoming Data

    When obtaining data from any third party (including dbGaP and ICPRS), the receiving Harvard researcher should follow the steps outlined here:
    1. Submit the DUA request through the Agreements-DUA system.

    2. OSP/ORA will review the submission and, if necessary, negotiate with the Data Provider on the researcher’s behalf. The negotiation of the agreement with the Data Provider may require further input from the researcher and other Harvard offices, such as the Institutional Review Board (IRB), Harvard University Information Security (HUIT Security), or School Security Officer. OSP/ORA will facilitate those communications. The researcher may track the progress of the DUA review/negotiation via the Agreements-DUA system.

    3. When the review/negotiation is complete, the agreement will be signed by the third party and Harvard OSP/ORA. A copy of the agreement as well as appropriate supporting documentation will be stored in the Agreements-DUA system.

    4. OSP/ORA will also help identify any additional special requirements that must be completed prior to accessing the data, such as acknowledgement forms that must be signed by each individual data user.

  • Outgoing Data

    When providing Harvard data to a third party, the Harvard sending party should follow the steps outlined below:
    1. Submit the request to issue a DUA through the Agreements-DUA system.

    2. OSP/ORA will review the submission and prepare a DUA to send to the Data Recipient for review and, if necessary, negotiation. The preparation and negotiation of the agreement with the Data Recipient may require further input from the researcher and other Harvard offices, such as the Institutional Review Board (IRB), Office of the General Counsel (OGC), Office of Technology Development (OTD), or Office of the Vice Provost for Research (OVPR). OSP/ORA will facilitate those communications. The researcher may track the progress of the DUA preparation/negotiation via the Agreements-DUA system.

    3. When the review/negotiation is complete, the agreement will be signed by the third party and Harvard OSP/ORA. A copy of the agreement as well as appropriate supporting documentation will be stored in the Agreements-DUA system.

    4. Data may be transmitted to the Data Recipient in accordance with the DUA terms and conditions.

  • Agreements-DUA System

    Please visit our Agreements-DUA support site to:

     

    The Agreements-DUA support site will be updated regularly. Please visit often for updated information on these topics (and more!).