Health Law

Data Transfer Agreement (DTA) template for the South African research community


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In a podcast, Professor Mnyongani interviews Dr. Swales and Dr. Donnelly, who developed a Data Transfer Agreement (DTA) template for the South African research community.


Summary


The DTA template helps ensure legal compliance, notably with the Protection of Personal Information Act (POPIA). It aids researchers by providing a standardized, flexible legal document, saving time and reducing costs. Unlike the regulatory approach of the 2018 Material Transfer Agreement by the Health Ministry, their ‘empowerment approach’ equips researchers with tools and knowledge without mandating usage. The DTA emphasizes clear data ownership and adaptability for commercial purposes, ensuring legality and ethical considerations. With upcoming regulations like ASSAf's Code of Conduct for Research, the DTA aligns and complements these frameworks. For international collaborations, the template addresses data transfers between South Africa and foreign entities, aligned with POPIA. The goal is a comprehensive, adaptable, and empowering tool that considers various scenarios in research data transfer.


Further reading


Swales L, Ogendi P, Botes M, Townsend B, Donnelly D-L, Abdulrauf L, Thaldar DW. A data transfer agreement template for South Africa (2023).


https://doi.org/10.5281/zenodo.7537396

Swales L, BotesM, Donnelly D-L, Thaldar DW. Towards a data transfer agreement for the South African research community: The empowerment approach. South African Journal of Bioethics and Law. 2023;16(1):13–18.


https://doi.org/10.7196/SAJBL.2023.v16i1.827

See also


Thaldar DW, Botes M, Nienaber A. South Africa’s new standard material transfer agreement: proposals for improvement and pointers for implementation.BMC Medical Ethics2020;21(85):1-13.


https://doi.org/10.1186/s12910-020-00526-x

Thaldar DW. One material transfer agreement to rule them all? A call for revising South Africa’s new standard material transfer agreement. Humanities and Social Sciences Communications 2020;7(105)


https://doi.org/10.1057/s41599-020-00600-0

Funding


This episode was made possible by a grant from the U.S. National Institute of Mental Health and the U.S. National Institutes of Health (award number U01MH127690) under the Harnessing Data Science for Health Discovery and Innovation in Africa (DS-I Africa) program. The content of this podcast is solely the responsibility of discussants of the podcast and does not necessarily represent the official views of the U.S. National Institute of Mental Health or the U.S. National Institutes of Health.

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Health LawBy Prof. Donrich Thaldar