A Data Transfer and Use Agreement (DTUA) - called a Data Use Agreement (DUA) in MSU's Research Agreements Policy - is a contract that governs research data moving between MSU and another organization. It sets the terms for how the data may be used, protected, stored, shared, published, and destroyed.

MSU's Research Agreements Policy defines DUAs and establishes who may sign them. This page does not restate the policy. It explains when a DTUA is needed, why, and who to contact.

When a DTUA is Needed

A DTUA is generally required any time research data leave MSU, or arrive at MSU from an outside organization, and the data carry any restriction on their use. To use the table below, find your type of data in the left column, then read across to the direction of your transfer. The cell where they meet tells you whether a DTUA is needed.

Type of Data
Incoming to MSU
Outgoing from MSU
PI leaving MSU with Data
Identfiable Human Subjects Data
Yes
Yes
Yes
HIPAA Limited Data Set
Yes
Yes
Yes
Data Governed by FERPA
Yes
Yes
Yes
De-Identified Data with Use, Publication, or Destruction Conditions
Yes
Yes
Yes
De-Identified Data with No Conditions Atached
No
No
Ask RIC
Public or Open-Access Data
No
No
No
Data Already COvered by an Executed Subaward, Sponsored Research Agreement, or Clinical Trial Agreement
Usually no - ask
Usually no - ask
Ask RIC
Prover Requires you to Sign their Own Data Agreement
Yes - route it to RIC 
N/A
N/A
Data Exchanged Only Between MSU Personnel
N/A
N/A
No

If you are not sure, ask before the data move. It is far easier to put an agreement in place beforehand than to remediate a transfer that already happened.

Why it Matters

  • Regulatory - Human subjects data are subject to the Common Rule, and may also be subject to HIPAA or FERPA. The agreement is what documents that the receiving party is bound to the same protections your IRB approval assumes.
  • Consistency with IRB Approval - If your protocol says data will not leave MSU, or will be shared only in de-identified form, a transfer outside of those terms requires an amendment as well as an agreement.
  • Signatory Authority - Individual faculty and staff cannot bind MSU. Agreemements signed without authority may be voided, and the individual who signed may carry personal liability.
  • Provider Requirements - Most external data providers will not release data without an executed agreement, so starting early prevents project delays.

Who Handles What

Type of Transfer
Contact
Data Connected to an IRB Protocol - Human Subjects Data, Whether Identifiable, Limited Data Set, or De-Identfied

Brenna Szott, IRB Administrator and Program Manager, Research Integrity and Compliance 

brenna.szott@montana.edu | (406) 994-4706
All Other Research Data

Daniel Juliano, Associate Drector of Technology Licensing, Technology Transfer Office 

daniel.juliano@montana.edu | (406) 994-7483

How to Request a DTUA

Submit the appropriate DocuSign PowerForm below or see the Data Transfer and Use Agreements from the Federal Demonstration Parternship.

For IRB-related DTUA requests:

  • PowerForm
  • PowerForm
  • PowerForm

Reach out to Brenna Szott, IRB Administrator and Program Manager if guidance is needed at brenna.szott@montana.edu or (406) 994-4706.

For all other data transfer requests, please reach out to Daniel Juliano in the Technology Transfer Office at daniel.juliano@montana.edu or (406) 994-7483.

Allow several weeks. Timelines depend on how quickly the other institution responds and whether their terms require any negotiation or Legal review.

Do not sign a DTUA yourself without routing it to RIC or the contacts above. They will route for signatures on your behalf once all information is completed on the form(s).