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PLAYBOOK TEMPLATES

Research Collaboration Agreement

A Research Collaboration Agreement outlines cooperative research activities between institutions or companies. This playbook discusses IP ownership, publication rights, and funding obligations.

Data Privacy & Security

Why This Matters: Data breaches or unauthorized disclosures can lead to severe penalties, litigation and reputational harm.

Negotiation strategy

If you're the Institution A:

Ensure robust data protection measures are in place, including encryption and access controls. Regularly review and update security protocols to comply with evolving privacy laws.

If you're the Institution B:

Implement comprehensive data handling procedures and ensure all personnel are trained in data protection obligations. Be prepared to provide evidence of compliance with privacy laws.

Essential elements

1

Data Security Measures

Technical and organizational safeguards.
2

Breach Notification Protocol

Timely notification of data breaches.
3

Compliance with Privacy Laws

Adherence to applicable regulations.

Action framework

ACCEPT

Propose edits if specific jurisdictional requirements are not addressed.

EDIT

Reject if the clause lacks enforceable security measures.

ADD

Add clauses if data protection measures are missing.

PRO TIP

Regularly update data protection measures to align with the latest legal requirements.

Example clauses

FAVORABLE

Preferred Data Security Measures

"The Client shall implement and maintain appropriate technical and organizational measures to protect personal health information and other sensitive data against unauthorized access, disclosure, alteration, or destruction. These measures shall include, but are not limited to, encryption, access controls, and regular security assessments."
NEUTRAL

Standard Data Handling Procedures

"The Client shall establish and maintain data handling procedures to ensure the confidentiality, integrity, and availability of personal health information."
UNFAVORABLE

Inadequate Security Measures

"The Client will try to protect data but does not specify how."

Fallbacks

High-Risk Projects

For projects involving high-risk data, ensure additional security measures are implemented, such as advanced encryption and multi-factor authentication.

Cross-Border Data Transfers

When transferring data across borders, ensure compliance with international data protection laws and consider data localization requirements.

Third-Party Vendors

Ensure third-party vendors comply with the same data protection standards and include audit rights in contracts.
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