Gene expression profiles of single disseminated breast cancer cells

Data Access Agreement of the Chair of Experimental Medicine and Therapy Research Regensburg Data Access Committee

DATA ACCESS AGREEMENT Between The University Regensburg, represented by the Chancellor, Executing Department: Chair of Experimental Medicine and Therapy Research (Director: Prof. Dr. Christoph Klein), Project Leaders: Prof. Dr. Christoph Klein and Prof. Dr. Brigitte Rack (University of Ulm), Franz-Josef-Strauß-Allee 11, 93053 Regensburg, Germany -Data Producers / University Regensburg - and (…) -User Institution- These terms and conditions govern access to the managed access datasets (details of which are set out in Appendix I) to which the User Institution has requested access. The User Institution agrees to be bound by these terms and conditions. Definitions Authorised Personnel: The individuals at the User Institution to whom University Regensburg grants access to the Data. This includes the User, the individuals listed in Appendix II and any other individuals for whom the User Institution subsequently requests access to the Data. Details of the initial Authorised Personnel are set out in Appendix II. Data: The managed access datasets to which the User Institution has requested access. Data Producers: University Regensburg and the collaborators listed in Appendix I responsible for the development, organisation, and oversight of these Data. External Collaborator: A collaborator of the User, working for an institution other than the User Institution. Project: The project for which the User Institution has requested access to these Data. A description of the Project is set out in Appendix II. Publications: Includes, without limitation, articles published in print journals, electronic journals, reviews, books, posters and other written and verbal presentations of research. Research Participant: An individual whose data form part of these Data. Research Purposes: Shall mean research that is seeking to advance the understanding of genetics and genomics, including the treatment of disorders, and work on statistical methods that may be applied to such research. User: The principal investigator for the Project. User Institution(s): The Institution that has requested access to the Data. 1. The User Institution agrees to comply with all applicable regulations, especially the General Data Protection Regulation (GDPR), to only use these Data for the purpose of the Project (described in Appendix II) and only for Research Purposes. The User Institution further agrees that it will only use these Data for Research Purposes which are within the limitations (if any) set out in Appendix I. 2. The User Institution agrees to preserve, at all times, the confidentiality of these Data. In particular, it undertakes not to use, or attempt to use these Data to compromise or otherwise infringe the confidentiality of information on Research Participants. Without prejudice to the generality of the foregoing, the User Institution agrees to use at least the measures set out in Appendix I to protect these Data. 3. The User Institution agrees to protect the confidentiality of Research Participants in any research papers or publications that they prepare by taking all reasonable care to limit the possibility of identification. 4. The User Institution agrees not to link or combine these Data to other information or archived data available in a way that could re-identify the Research Participants, even if access to that Data has been formally granted to the User Institution or is freely available without restriction. 5. The User Institution agrees only to transfer or disclose these Data, in whole or part, or any material derived from these Data, to the Authorised Personnel. Should the User Institution wish to share these Data with an External Collaborator, the External Collaborator must complete a separate application for access to these Data. 6. The User Institution agrees that the Data Producers, and all other parties involved in the creation, funding or protection of these Data: a) make no warranty or representation, express or implied as to the accuracy, quality or comprehensiveness of these Data; b) exclude to the fullest extent permitted by law all liability for actions, claims, proceedings, demands, losses (including but not limited to loss of profit), costs, awards damages and payments made by the User Institution that may arise (whether directly or indirectly) in any way whatsoever from the User Institution’s use of these Data or from the unavailability of, or break in access to, these Data for whatever reason and; c) bear no responsibility for the further analysis or interpretation of these Data. Except to the extent caused by University Regensburg’s gross negligence or willful misconduct, the User Institution shall at all times indemnify, defend and hold harmless University Regensburg and its trustees, regents, officers, agents and employees from claims made by any of User Institution’s staff members or third parties against University Regensburg due to arising from the use of the Data. 7. The User Institution agrees to follow the Fort Lauderdale Guidelines (https://icgc.org/files/daco/WT_SharingData_FTLauderdale_2003_en.pdf) and the Toronto Statement (http://www.nature.com/nature/journal/v461/n7261/full/461168a.html). This includes but is not limited to recognising the contribution of the Data Producers and including a proper acknowledgement in all reports or publications resulting from the use of these Data. 8. The User Institution agrees to follow the Publication Policy in Appendix III. This includes respecting the moratorium period for the Data Producers to publish the first peer-reviewed report describing and analysing these Data. 9. The User Institution agrees not to make intellectual property claims on these Data and not to use intellectual property protection in ways that would prevent or block access to, or use of, any element of these Data, or conclusion drawn directly from these Data. 10. The User Institution can elect to perform further research that would add intellectual and resource capital to these Data and decide to obtain intellectual property rights on these downstream discoveries. In this case, the User Institution agrees to implement licensing policies that will not obstruct further research and to follow the OECD’s (Organisation for Economic Co-operation and Development) Guidelines for the Licensing of the Genetic Inventions (2006) (http://www.oecd.org/sti/emerging-tech/guidelinesforthelicensingofgeneticinventions.htm). 11. The User Institution agrees to destroy/discard the Data held, once it is no longer used for the Project, unless obliged to retain the data for archival purposes in conformity with audit or legal requirements. 12. The User Institution will notify University Regensburg within 30 days of any changes or departures of Authorised Personnel. 13. The User Institution will notify University Regensburg prior to any significant changes to the protocol for the Project. 14. The User Institution will notify University Regensburg as soon as it becomes aware of a breach of the terms or conditions of this agreement. 15. This agreement shall become effective after signature (Effective Date) and shall expire within … (insert duration of the Project) following the Effective Date. 16. University Regensburg may terminate this agreement by written notice to the User Institution. If this agreement terminates for any reason, the User Institution will be required to destroy any Data held, including copies and backup copies. This clause does not prevent the User Institution from retaining these data for archival purpose in conformity with audit or legal requirements. 17. The User Institution accepts that it may be necessary for the Data Producers to alter the terms of this agreement from time to time. As an example, this may include specific provisions relating to the Data required by Data Producers. In the event that changes are required, the Data Producers or their appointed agent will contact the User Institution to inform it of the changes and the User Institution may elect to accept the changes or terminate the agreement. 18. If requested, the User Institution will allow data security and management documentation to be inspected to verify that it is complying with the terms of this agreement. 19. The User Institution agrees to distribute a copy of these terms to the Authorised Personnel. The User Institution will procure that the Authorised Personnel comply with the terms of this agreement. 20. This agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of this agreement or its formation) shall be construed, interpreted and governed by the laws of Germany and shall be subject to the exclusive jurisdiction of the courts of Regensburg, Germany. Agreed for User Institution: Signature: Name: Title: Date: Principal Investigator: I confirm that I have read and understood this Agreement. Signature: Name: Title: Date: Agreed for the Data Producers / University Regensburg: Signature: Name: Dr. Christian Blomeyer Title: Chancellor Date: Acknowledged and agreed: Signature: Name: Prof. Dr. Christoph Klein Title: Project Leader (Patients from Regensburg and sequencing data generation) Date: Signature: Name: Prof. Dr. Brigitte Rack Title: Project Leader (Patients recruitment München) Date: APPENDIX I – DATASET DETAILS APPENDIX II ––PROJECT DETAILS APPENDIX III –– PUBLICATION POLICY APPENDIX I – DATASET DETAILS (to be completed by the Data Producers before passing to applicant) Dataset reference (EGA Study ID and Dataset Details) Name of project that created the dataset Names of other data producers/collaborators Specific limitations on areas of research Minimum protection measures required Protection of personal data: Personal data and the protection of personal data are considered as defined in the General Data Protection Regulation (GDPR). All regulations therein including the principles relating to processing of personal data and the security of processing must be applied. For user institutions outside the EU in the absence of a decision pursuant to Article 45(3) GDPR standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2) GDPR should be concluded preferably. APPENDIX II – PROJECT DETAILS (to be completed by the Requestor / User Institution) Details of dataset requested i.e., EGA Study and Dataset Accession Number Brief abstract of the Project in which the Data will be used (500 words max) All Individuals who the User Institution to be named as registered users Name of Registered User Email Job Title Supervisor* All Individuals that should have an account created at the EGA Name of Registered User Email Job Title APPENDIX III – PUBLICATION POLICY Data Producers/University Regensburg intend to publish the results of their analysis of this dataset and do not consider its deposition into public databases to be the equivalent of such publications. Data Producers/University Regensburg anticipate that the dataset could be useful to other qualified researchers for a variety of purposes. However, some areas of work are subject to a publication moratorium. The publication moratorium covers any publications (including oral communications) that describe the use of the dataset. For research papers, submission for publication should not occur until 12 months after these data were first made available on the relevant hosting database, unless Data Producers/University Regensburg has provided written consent to earlier submission. In any publications based on these data, please describe how the data can be accessed, including the name of the hosting database (e.g., The European Genome-phenome Archive at the European Bioinformatics Institute) and its accession numbers (e.g., EGAS00000000029), and acknowledge its use in a form agreed by the User Institution with the Data Producers/University Regensburg.