Legal issues relevant to the exchange of data do not necessarily constitute barriers to exchange. Barriers to data exchange are more often political or motivating, but those who oppose data exchange sometimes face legal barriers when barriers are more political or motivating. Knowledge of the applicable legal framework, including national and international law, as well as the policy of institutional data exchange, can help facilitate exchanges where other barriers exist. Agreements already made between organizations, whether they focus on data sharing or broader agreements with data-sharing elements, can restrict the sharing of the same data with a third party. If data is shared between multiple organizations and there are multiple agreements, it should be compatible. In some areas of scientific research, such as genomics, international efforts are being made to develop codes of conduct applicable to all researchers in this field. An important example is the International Code of Conduct for Genome Data Sharing, originally proposed by Knoppers et al. in 2011 (Towards a data sharing Code of Conduct for international genomic research, Genome Medicine 2011, Genome Medicine 2011, 3:46) and published in 2014 by the Regulatory Ethics and Working Group , Global Alliance for Genomics – Health (The HUGO Journal 2014) and published in 2014 by the Regulatory Ethics and Working Group, Global Alliance for Genomics – Health (The HUGO Journal 2014) , 8:1). At the provincial level, detailed bilateral and multilateral operational agreements are drafted and concluded by neighbouring provinces and reviewed every three years.
The unilateral MoU at the national level politically supports local provinces and gives them the autonomy to develop operational methods of cooperation and communication adapted to the local context. Such agreements are not legally binding, but are based on mutual trust and expectation of exchanging data for public health benefit. Below, you`ll find a list of items that are usually included in a data sharing agreement. While this list may cover the databases, additional concerns may be relevant to a data set or supplier agency. A data exchange agreement is a formal contract that clearly documents what data is disclosed and how the data can be used. Such an agreement has two objectives. First, it protects the authority that provides the data and ensures that the data is not misused. The solution was to allow, in some cases, the reporting of “mandatory” and “voluntary” variables and the reporting of aggregated data. The EU-wide surveillance system has gradually been built on existing informal networks. Flexibility in harmonizing different national laws was essential, including at the expense of standardization capacity. It has not been possible to engage all countries from the beginning.
However, the legal objections of the Member States were lifted when the benefits were highlighted. The regulatory framework may change when new needs and technologies emerge, and agreements can be updated to reflect these developments. “One of the challenges of the territorial community is to promote data exchange and cooperation between several agencies and organizations at several levels of public, private and associative organizations.