Data Sharing Agreements
What is it?
A data sharing agreement is a legal contract that outlines how data will be shared and used between different parties. Data sharing agreements describe how the data will be shared, how it should be used, with whom it can be shared, and any restrictions that apply to the data. This helps protect the subjects of the data as well as the people involved in the agreement.
When creating a data sharing agreement, key elements to incorporate, include:
- Who is covered: Identify who can #access or contribute to the data, such as specific individuals, departments, or organizations.
- Data access and use: Specify how the data can be used, who can access it, and any restrictions on its use, such as embargoes or limitations on public access.
- Data format: Provide guidelines on how the data will be formatted (e.g., file type, field titles, and types) to ensure that the recipient is able to access and use the data efficiently.
- Safeguards: Require measures to prevent unauthorized access or misuse, including data encryption or anonymization.
- Reporting breaches: Specify whether partners must report any unauthorized use or security breaches and when (e.g., immediately, within 24 hours, etc.).
- End-of-Agreement requirements: Specify what happens when the agreement ends, such as deleting data, archiving it in a repository, or returning it to the owner.
For a more detailed exploration of building a data sharing agreement with your team, see our zine: Zine - The Data We Own: A How-To Guide for Environmental Data Sharing.
There are many data sharing agreement templates tailored to environmental data available for adaptation and use:
- For Indigenous data stewards: Central Coast Indigenous Resource Alliance has created a template for improved Indigenous data sovereignty among tribal nations whose data are being collected.
- For data stewards working with nature data (e.g., biodiversity, field, or ecological data):
- Cecil Earth provides a worksheet and template. See Nature Data Sharing Initiative.
- The National Estuarine Research Reserve (NERR) has developed a data sharing plan template. See Example Data Sharing Plan.
Templates should be used as guidance and adjusted to the needs of the parties involved in the sharing partnership. In addition, legal counsel should be consulted in order to finalize any data sharing agreements.
Why is it important?
- Data sharing agreements protect the owners of the data from potential #misuse and harm.
- By opening up discussions about data handling and use, data sharing agreements support collaborations between partners and strengthen relationships.
- Data sharing agreements promote #accessibility by opening up datasets that may be closed to the general public, but could be useful in specific settings.
Mentioned and additional resources:
- To learn more about how data sharing agreements are a component of a broader data sharing enabling environment, see The Importance of a Data Sharing Enabling Environment.
- To learn more about the practicalities of data sharing agreements, see the US Geological Survey’s extensive guide on Data Sharing Agreements.