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POLICY AND PRACTICE REVIEWS article

Front. Pharmacol.
Sec. ELSI in Science and Genetics
Volume 15 - 2024 | doi: 10.3389/fphar.2024.1332700
This article is part of the Research Topic Data governance in African health research: ELSI challenges and solutions View all 14 articles

The anatomy of a data transfer agreement for health research

Provisionally accepted
Lee Swales Lee Swales 1*Amy Gooden Amy Gooden 1Donrich Thaldar Donrich Thaldar 1,2
  • 1 University of KwaZulu-Natal, Durban, KwaZulu-Natal, South Africa
  • 2 Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard Law School, Cambridge, Massachusetts, United States

The final, formatted version of the article will be published soon.

    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.

    Keywords: Data, Data Transfer Agreement, Research, Scoping review, South Africa

    Received: 03 Nov 2023; Accepted: 25 Jul 2024.

    Copyright: © 2024 Swales, Gooden and Thaldar. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

    * Correspondence: Lee Swales, University of KwaZulu-Natal, Durban, 3630, KwaZulu-Natal, South Africa

    Disclaimer: All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.