Data use agreement (DUA)

A contract that sets out what a recipient may and may not do with data it receives, often used for research and health data.

Updated

What a DUA covers

A data use agreement governs how shared data may be used. It usually covers permitted purposes, who may access the data, security, publication rules, bans on re-identification, onward sharing, retention and what happens at the end.

DUAs and HIPAA

Under HIPAA, a covered entity may share a limited data set, which still contains some dates and locations, only under a data use agreement. Fully de-identified data does not need one under HIPAA, but parties often sign one anyway to control use.

DUA or license?

The terms overlap. A DUA is mostly about restrictions and is common in research. A data license grants commercial rights, including payment. AI data deals often combine both: a license for the rights and price, with DUA-style restrictions on privacy and security.

Key clauses

  • Permitted purpose, stated narrowly
  • Named users and access controls
  • No re-identification and no linking with other data
  • No onward disclosure without consent
  • Security standards and breach notice
  • Return or destruction at the end

Sources

  1. eCFR: 45 CFR 164.514, other requirements relating to uses and disclosures of protected health information

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