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Data Transfer Agreement Clinical Trial Template for Denmark

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Key Requirements PROMPT example:

Data Transfer Agreement Clinical Trial

I need a Data Transfer Agreement Clinical Trial under Danish law for a Phase III oncology trial starting March 2025, involving data transfers between our Copenhagen headquarters, three Danish hospitals, and our research facility in Germany, with specific provisions for handling sensitive patient data and biomarker information.

What is a Data Transfer Agreement Clinical Trial?

This Data Transfer Agreement Clinical Trial template is essential for organizations conducting clinical trials in Denmark that involve the transfer of patient data, trial results, and related clinical information between parties. The document ensures compliance with Danish law, EU GDPR requirements, and specific clinical trial regulations while establishing clear protocols for data handling, security measures, and party responsibilities. It should be used whenever clinical trial data needs to be transferred between sponsors, research organizations, healthcare institutions, or other involved parties. The agreement covers crucial aspects such as data protection measures, breach notification procedures, regulatory reporting requirements, and specific Danish healthcare data handling standards. It is particularly important given Denmark's strict regulatory framework for clinical trials and personal data protection.

What sections should be included in a Data Transfer Agreement Clinical Trial?

1. Parties: Identification of the data exporter and data importer, including their roles (e.g., controller, processor) and full contact details

2. Background: Context of the clinical trial, purpose of the data transfer agreement, and relationship to the main clinical trial agreement

3. Definitions: Key terms including Clinical Trial-specific terminology, data protection terms, and any jurisdiction-specific definitions

4. Subject Matter and Duration: Details of the specific data transfers, duration of processing, and link to the clinical trial protocol

5. Nature and Purpose of Processing: Detailed description of how the data will be used, processed, and analyzed in the context of the clinical trial

6. Types of Personal Data: Specific categories of personal data being transferred, including special categories of data (health data)

7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with GDPR rights

8. Security Measures: Technical and organizational measures required for data protection and compliance with GCP requirements

9. Sub-processing: Conditions and requirements for engaging sub-processors in the data processing activities

10. Data Breach Notification: Procedures for handling and reporting data breaches, including timing and responsibilities

11. Audit Rights: Provisions for conducting audits and inspections of data processing activities

12. Transfer Mechanisms: Legal basis for data transfers and applicable transfer mechanisms

13. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

14. Term and Termination: Duration of the agreement and conditions for termination

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Data Transfer Agreement Clinical Trial?

1. Emergency Procedures: Include when the clinical trial involves critical safety reporting requirements or emergency scenarios

2. Data Retention and Destruction: Include specific retention requirements beyond standard terms when required by the trial protocol

3. Cross-border Transfers: Include when data will be transferred outside the EU/EEA

4. Regulatory Authority Access: Include when specific provisions for regulatory authority access need to be detailed

5. Intellectual Property Rights: Include when there are specific IP considerations related to the processed data

6. Insurance Requirements: Include when specific insurance coverage for data processing activities is required

7. Language Requirements: Include when documents need to be maintained in multiple languages

8. Force Majeure: Include when specific circumstances might affect data processing capabilities

What schedules should be included in a Data Transfer Agreement Clinical Trial?

1. Technical and Organizational Measures: Detailed description of security measures, including specific requirements for clinical trial data

2. Data Processing Activities: Detailed list of processing activities, purposes, and data categories

3. Authorized Sub-processors: List of approved sub-processors and their roles in data processing

4. Transfer Impact Assessment: Assessment of risks and safeguards for data transfers

5. Security Breach Response Plan: Detailed procedures for handling data breaches

6. Data Retention Schedule: Specific retention periods for different categories of trial data

7. Standard Contractual Clauses: If applicable, EU SCCs for international transfers

8. Contact Details and Escalation Procedures: List of key contacts and escalation procedures for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Data Protection Officer

Legal Counsel

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