Rule 3341-7-14 | Material Transfer, Data Use, and Confidentiality.
(A) Policy statement and purpose
Bowling Green State University is committed to fostering responsible research practices and protecting the integrity of intellectual property, confidential information, and research data. This policy establishes the requirements for the transfer and use of tangible research materials and data to and from BGSU and ensures compliance with applicable laws, regulations, and institutional standards, and supports the university's mission of research, education, and public service.
(B) Policy scope
This policy applies to all BGSU faculty, staff, students, visiting scholars, and affiliates involved in research or academic collaborations that require the transfer of materials or data to or from external entities. It governs all transfers involving materials and data, including but not limited to, biological specimens, cell lines, plasmids, reagents, chemical compounds, software, human and animal tissue, genomic sequences, survey data, clinical datasets, proprietary algorithms, and other sensitive or confidential research information.
(C) Definitions
(1) Material transfer agreement (MTA)
A legal contract governing the transfer of tangible research materials between parties that defines ownership, permitted use, publication rights, and liability.
(2) Data use agreement (DUA)
A contract outlining terms for sharing and using research data, especially when involving human subjects or sensitive information (as defined by the official BGSU Data Classification Matrix) that address privacy, data security, and compliance with regulations such as HIPAA or FERPA.
(3) Confidentiality agreement (CDA)
Also known as a Non-Disclosure Agreement (NDA), this agreement protects confidential, non-public information exchanged during research collaborations or negotiations that ensure that ensure that proprietary or sensitive information is not disclosed without authorization.
(4) Research
A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge (45 CFR 46.102(d)).
(5) Research data
Any records, materials, or results needed to replicate, validate, or verify research findings.
(6) Research materials
Tangible items that are used to conduct research or are the product of research.
(D) Policy provisions
(1) Initiation of transfer
(a) All proposed transfers of research materials, data, or confidential information must be submitted to the Division of Research for review.
(b) Individuals must not sign MTAs, DUAs, or CDAs on behalf of the university.
Detailed procedures are published through the Division of Research.
(2) Review and approval
(a) The Division of Research will evaluate agreements for compliance with university policies, intellectual property rights, publication freedom, and applicable laws.
(b) Only authorized institutional officials may execute these agreements.
(c) No material or data may be transferred until the agreement has been fully executed by an authorized signatory.
(3) Recordkeeping
(a) Executed agreements must be archived in the university's designated research compliance system.
(b) Individuals are responsible for maintaining copies of agreements relevant to their projects.
(4) Compliance
(a) Non-compliance with this policy may result in disciplinary action, suspension of research activities, or loss of access to materials or data.
(b) Violations may also jeopardize funding or lead to legal consequences.
(5) Exceptions
Exceptions to this policy must be approved in writing by the Vice President for Research or their designee.
(E) Related policies
(1) 3341-1-7 - Delegation of Contract and Signatory Authority
(2) 3341-6-18 - Data Use and Protection
(3) 3341-7-11 - Export Control
(4) 3341-7-15 - Research Data Protection, Security, and Ownership
Last updated October 22, 2026 at 12:00 AM
Supplemental Information
Amplifies: 3341.