The anatomy of a data transfer agreement for health research

Abstract

In a data-driven era, the exchange and safeguarding of personal information has become paramount. Data transfer agreements (DTAs) serve to guard privacy, defining the rules for sharing and protecting sensitive data. Yet, the complexities surrounding issues such as data privacy, intellectual property, and dispute resolution within these agreements pose challenges that demand careful consideration. Through a scoping review of twenty-four publicly available, English language DTAs relevant to health research, this article undertakes a comprehensive analysis, examining common clauses, their vital components, and charting a course for responsible data sharing through the provision of insights and practical guidance for drafting DTAs. The article underscores the need for attention to detail and an understanding of data protection legislation in order to ensure that DTAs align with the law and maximize legal certainty.