Material Transfer Agreement Siriraj
These legal bases include, inter alia, the consent of the “data subject” and the fact that the right in the recipient`s jurisdiction or the contract between the provider and the recipient must provide an “appropriate” level of protection for the processing of personal data ([21] section 72). Second, where a supplier in South Africa intends to transmit specific personal data to a recipient in a foreign country that does not offer an “appropriate” level of protection, the provider must obtain prior authorisation from the information authority for the proposed transfer ([21] section 57(1)(d)). Failure to obtain prior authorisation is a criminal offence ([21] section 59). However, if the information regulatory authority has approved a code of conduct for the sector concerned, it is not necessary to obtain prior authorisation ([21] section 57,paragraph 3). We propose that a fair solution is that the jurisdiction of the provider is generally the applicable legal system and the place of decision for all disputes related to the MTA, whether through litigation before the courts or arbitration. The main reason for the proposal is that it would ensure better access to justice for researchers, given that researchers are likely to be in the same country as the provider. If research participants have a direct and material interest in a dispute between a supplier and a recipient, they may join the dispute in their own country and not in a foreign country and with a foreign legal system….
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