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Data Use Agreements (DUAs) are contractual documents used for the transfer of non- public data that is subject to some restriction on its use. DUAs serve to outline the terms and conditions of the transfer.
All business contracts must contain the essential elements of an agreement. The essential elements include consideration, offer and acceptance, a legal purpose, capable parties and mutual assent. Consideration means something of value must be exchanged.
A data use agreement (DUA) is an agreement that is required under the Privacy Rule and must be entered into before there is any use or disclosure of a limited data set (defined below) to an outside institution or party.
Data Use Agreement (DUA) use appropriate safeguards to prevent uses or disclosures of the information that are inconsistent with the DUA, report to the covered entity uses or disclosures that are in violation of the DUA, of which it becomes aware.
Assures that the recipients are using the data in accordance with applicable law. Prevents the inappropriate use of protected or confidential information that could cause harm to research subjects, the investigator or the University.