MTA, CDA & DUA

Submit requests for a CDA/MTA/DUA using the Agreement Portal. See the Agreement Portal Instructions here.

Confidentiality/Nondisclosure Agreements

Agreement Portal

A Confidential Disclosure Agreement (CDA) (sometimes referred to as a Non-Disclosure Agreement (NDA) or a Confidentiality Agreement) is a legal contract that governs the exchange of proprietary or confidential information. The agreement is used when there is a need to share confidential or proprietary information with an external party for a limited purpose while protecting it from being disclosed to others or the public. A CDA is also used when there is a need to avoid forfeiture of patent rights due to premature public disclosure.

The review, approval process and execution of CDAs typically takes at least two to three weeks so please plan to submit your request early.  Before signing each CDA, MSUT alerts ECTS.  Once the CDA has been properly executed by all parties, the exchange of confidential information can take place.

Confidential information must be proprietary in nature, such as information an entity owns and needs to keep from being disseminated outside the entity to protect competitive advantage. Examples include:

  • inventions
  • data
  • know-how
  • prototypes
  • engineering drawings
  • test results
  • tools
  • systems
  • current and future research plans
  • specifications

A CDA creates obligations of confidentiality among the parties and limits the dissemination or use of confidential information for anything except a specific purpose. CDAs define the terms of disclosure between parties by:

  • defining the subject matter and scope of the disclosure
  • limiting the purposes for which the confidential information may be used
  • limiting the timeframe, access, and distribution of confidential information to third parties

For questions about CDAs, contact our MTA/CDA Coordinators.

 

Data Use Agreements

Agreement Portal

A Data Use Agreement (DUA) is a legal contract that allows for the exchange of data between universities and other organizations for research purposes. The agreement defines the rights of the providing scientists, recipient scientists, and their respective organizations with regard to the original data and results that may arise from the use of the shared dataset.

DUAs are typically used when the transfer of data does not involve the exchange of money, although in rare instances preparation fees may be charged to the recipient organization.

The review, approval process and execution of DUAs typically takes at least two to three weeks so please plan to submit your request early.  Before signing each DUA, MSUT alerts ECTS.  Once the DUA has been properly executed by all parties, the exchange of data can take place.

DUAs ensure that:

  • intellectual property rights of the receiving organization and the providing organization are addressed
  • the purpose for which the data may be used is limited
  • the timeframe, access, and distribution of data to third parties is limited
  • a record of the types of data shared by or with MSU is created
  • safety risks are identified and properly addressed as required by law
  • appropriate approvals are in place for the exchange of data related to human subject research

Special Requirements for the use of human data

Prior to sending or receiving any human data, MSUT must confirm the informed consent allows for such transfer and the appropriate safeguards are in place if the dataset will involve any protected health information (PHI) or personally identifiable information (PII).  Please be sure to attach a copy of the informed consent protocol and your IRB approval to your agreement request.

New or Departing Faculty

Be sure to contact our office to initiate the transfer of data related to your research.

For questions about DUAs, contact our MTA/CDA Coordinators.

 

Material Transfer Agreements

Agreement Portal

A Material Transfer Agreement (MTA) is a legal contract that allows for the exchange of tangible research materials, such as chemicals, software, plant- and animal-derived material, or research animals, between universities and other non-profit organizations for research purposes. The agreement defines the rights of the providing scientists, recipient scientists, and their respective organizations with regard to materials, derivatives, and modifications that may result from using the transferred material.

MTAs are typically used when the transfer of materials does not involve the exchange of money, although preparation and shipping fees may be charged to the recipient organization.

The review, approval process and execution of  MTAs typically takes at least two to three weeks so please plan to submit your request early.  Before signing each MTA, MSUT alerts the Office of Environmental Health and Safety (EHS) and the Office of Export Control and Trade Sanctions (ECTS).  Once the MTA has been properly executed by all parties, the transfer of materials can take place.

If you are purchasing materials on a standard purchase order, an MTA usually is not required. Work through your department or contact MSU Purchasing to procure the materials.

MTAs ensure that:

  • intellectual property rights of the receiving organization and the providing organization are addressed
  • special shipping and handling needs are met
  • a record of the types of materials entering or leaving MSU is created
  • health and safety risks are identified and properly addressed as required by law

Special Requirements for the use of human or animal-derived materials

Prior to receiving any human materials or contacting MSUT, faculty members must first route research plans involving human subjects and materials of human origin through the Human Research Protection Program, where the research plan will be reviewed by one of three Institutional Review Boards (IRBs).

Prior to sending any human materials from MSU to an outside institution, MSUT must confirm the informed consent allows for such transfer.  Please be sure to attach a copy of the informed consent protocol and your IRB approval to your agreement request.

Research plans involving the use of live vertebrate animals must first be routed through the Institutional Animal Care and Use Committee (IACUC). This committee ensures that any use of vertebrate animals for any university-related activity conforms to federal laws and guidelines.

New or Departing Faculty

Be sure to contact our office to initiate the transfer of materials related to your research.

For questions about MTAs, contact our MTA/CDA Coordinators.

 

Agreement Portal Instructions

  • Request to be a User of the Agreement Portal using your MSU NetID and password. Use your MSU email address for your User Profile.
  • If you are submitting on behalf of a faculty member, be sure they create a User account with their MSU NetID and password before the agreement request is submitted, so you can link them to the request to approve it. You will need to list the faculty twice – once as a “Subscriber” and once as a “Researcher.” Anyone who needs to be able to view an agreement through the Agreement Portal needs to first create an Agreement Portal User account then be added as a “Subsciber”.
  • You can submit requests for material transfer, data use, or confidentiality agreements, so save the link to your favorites for easy access. Once logged in, you can select which type of agreement you want to request each time.
  • If you received a document from the other party, be sure to upload it in the “Documents” section along with any other relevant supporting documents.
  • Complete the questions in the questionnaire. If you submit the request on behalf of a faculty member, there are two options for them to approve the request: 1) click the button to “Download PDF of Questionnaire for Signature” and upload a copy to the “Documents” section after the faculty member signs; or 2) the faculty member can log in and type “I approve” in the “Remarks” section at the bottom. To use Remarks the faculty MUST be listed as a “Subscriber” on the questionnaire.
  • Be sure to click “Save as a Draft”, before you click “Submit for Review.”
  • You will receive automated emails as we review and approve the submission, or if we send any questions through the Remarks section. You can respond, or send other communications about the request, by using the Remarks section as well.
  • You can log on at any time to view the progress of the agreement(s) you submitted.
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