Data Transfer Agreement FAQs

What is a Data Transfer Agreement (DTA)?

A Data Transfer Agreement is an agreement that is necessary when any data or personal health information (including images, biological samples, data) are being transferred to or from another institution as part of your research.

When should I use a DTA?

You should use a DTA whenever you are going to be transferring data to another institution or an institution is transferring data to HHS .

Why should I sign an DTA?

You should sign a Data Transfer Agreement because it clearly documents what data is being transferred and how this data can be used by the Recipient. A DTA also protects you by ensuring that the data will not be misused and provides a means of communication between institutions to make certain that all questions regarding the data are answered prior to transfer. Also, if the data is of particular value or related to an invention or discovery, ownership, confidentiality and limited publication clauses can be added to protect your interests.

I received a DTA from an industry contact. What should I do?

Contact Research Administration to have them review the document for you. Research Administration will make sure that the DTA reflects the policies that govern research at Hamilton Health Sciences.

Once a DTA is in place, what are my obligations?

Once an DTA has been finalized, you will need to be abide by the terms of the DTA. This means that you will be responsible for:

·  Receiving/disclosing the data – As the Principal Investigator, you may be responsible for providing the data to the other party, or receiving it from them, depending on the circumstances.

·  Respecting the limits on use of the information – You must make sure that you only use the information for the purposes specified in the DTA and not for any other purpose.

·  Keeping the information confidential – You must not disclose the information to anyone else unless that is specifically permitted in the DTA.

·  Taking appropriate measures to protect the information – When you receive the data, you must make sure you take reasonable measures to keep it secure, such as storing it in a password protected system or locked filing cabinet. And, if you discover that the information has been accessed by an unauthorized person, you must immediately notify the other party.

Who can sign a DTA?

Data Transfer Agreements must be signed by Research Administration’s Director of Research Administration. Any other parties to the Agreement (Sponsor, Principal Investigator, etc.) will also be required to sign the DTA to acknowledge their duties under the agreement. The Research Administration Office will facilitate this for you.

How long does it take to negotiate an DTA?

Typically, it should not take long to negotiate an DTA. However, if the DTA contains complex confidentiality, limited publication and ownership clauses it may delay the finalization of the agreement as negotiation may need to take place.

Does Hamilton Health Sciences have a downloadable DTA form I can use?

Yes, please follow this link, Data Transfer Agreement Template, fill in the requested information and e-mail the form to Research Administration at

Who should I talk to if I have more questions about an DTA?

We are happy to help! You can contact Research Administration at