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Confidential Disclosure Agreement In Clinical Research Template for United States

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Key Requirements PROMPT example:

Confidential Disclosure Agreement In Clinical Research

"I need a Confidential Disclosure Agreement In Clinical Research between our pharmaceutical company and Stanford Medical Center for a Phase II oncology trial, ensuring HIPAA compliance and including specific provisions for handling genetic data and biomarkers, to be effective from March 2025."

Document background
The Confidential Disclosure Agreement In Clinical Research is essential when parties need to share sensitive information during clinical trials and research studies in the United States. This document is particularly crucial for maintaining compliance with HIPAA, FDA regulations, and state privacy laws while protecting intellectual property, trade secrets, and patient data. It establishes clear guidelines for handling confidential information, defines permitted uses, and outlines security measures required by all parties involved in the research process. The agreement is commonly used when initiating new clinical trials, during collaborative research projects, or when engaging with CROs.
Suggested Sections

1. Parties: Identifies all parties involved in the agreement, including their legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement, including the nature of the clinical research

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Clinical Trial', and 'Study Data'

4. Scope of Confidential Information: Clearly defines what information is considered confidential under the agreement

5. Obligations of Confidentiality: Details the duties of the receiving party regarding confidential information

6. Permitted Uses: Specifies allowed uses of the confidential information

7. Term and Termination: Duration of the agreement and conditions for termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after agreement ends

Optional Sections

1. Third Party Disclosure: Rules for sharing information with third parties when required for the clinical research process

2. Publication Rights: Terms regarding publication of research results, typically included when academic institutions are involved

3. Data Privacy Compliance: Specific HIPAA and other privacy law compliance requirements for handling patient data

4. Intellectual Property Rights: Provisions regarding IP ownership and rights when research may generate new intellectual property

Suggested Schedules

1. Description of Clinical Trial: Detailed information about the specific clinical trial including protocols and procedures

2. Data Protection Protocol: Specific procedures and requirements for protecting confidential information

3. Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Required Notices and Forms: Standard forms and notices required by applicable regulations and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

HIPAA: Health Insurance Portability and Accountability Act - Federal law that protects sensitive patient health information from being disclosed without patient consent

FDCA: Federal Food, Drug, and Cosmetic Act - Provides FDA authority over clinical trials and drug development processes

Public Health Service Act: Federal law governing public health and research activities, including requirements for protection of human subjects

CLIA: Clinical Laboratory Improvement Amendments - Federal standards for laboratory testing and quality assurance

Common Rule: 45 CFR Part 46 - Federal policy for protection of human subjects in research

FDA Regulations: 21 CFR Parts 50, 56, and 312 - Regulations governing informed consent, IRB oversight, and investigational new drugs

Patent Act: Federal law protecting novel inventions and discoveries that may arise during clinical research

Trade Secrets Act: Federal law protecting confidential business information and trade secrets

DTSA: Defend Trade Secrets Act - Federal law providing uniform protection for trade secrets across states

State Privacy Laws: State-specific regulations governing privacy and data protection, which may exceed federal requirements

State Medical Record Laws: State-specific requirements for maintaining and protecting medical records

ICH Guidelines: International Council for Harmonisation Guidelines providing standards for clinical research

GCP Standards: Good Clinical Practice standards ensuring ethical and scientific quality in clinical trials

IRB Requirements: Institutional Review Board protocols and requirements for protecting human subjects in research

Data Breach Laws: State and federal requirements for notification and response to data breaches involving confidential information

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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