NDA and patient confidentiality - DICOM

This is a discussion on NDA and patient confidentiality - DICOM ; Bonjour to all, I don't know if you have the same problem I have, but in the process of helping my clients and developing our software, I often have to receive images from the clients. When this happens, I usually ...

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Thread: NDA and patient confidentiality

  1. NDA and patient confidentiality


    Bonjour to all,

    I don't know if you have the same problem I have, but in the process
    of helping my clients and developing our software, I often have to
    receive images from the clients. When this happens, I usually sign
    a NDA (Non-Disclosure Agreement) with the client to ensure that the
    patient's confidentiality is respected.

    The problem is that most of my clients have "ready-made" NDA that
    they send me. These NDA where designed to protect trade secrets,
    not patient confidentiality! They are often way to broad and are
    not adapted to the transaction at all (

    So, I started drafting my own "NDA". And then I thought: I am
    re-inventing the wheel? Is there already a form for that? What
    do hospitals do when they want to share patient data?

    So my question to the group is: Do you know of a standard form
    that would cover this kind of transaction?


    And if not, I've enclosed my draft for discussions...

    Merci,

    Yves


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    CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

    This Confidentiality and Non-Disclosure Agreement (the "Agreement") is
    made and entered into
    by and between

    ___________________________ (hereinafter "Recipient")

    and

    ___________________________ (hereinafter "Disclosing Party")

    I acknowledge the following conditions under which data containing
    Confidential Information is
    supplied to me, the Recipient, by the Disclosing Party.

    1. The data supplied will only be used for the development and
    testing of computer
    software.

    2. The media on which the data are supplied will be stored
    securely, and returned intact to
    Disclosing Party once they are no longer needed for the work
    specified in paragraph 1
    above.

    3. Any copies of the data supplied by Disclosing Party will be
    destroyed once they are no
    longer required for the purposes specified in paragraph 1 above.

    4. No attempt will be made to link the information supplied to
    any other data relating to
    identifiable individuals.

    5. No contact will be made with any individuals who could be
    identified from the
    information supplied.

    6. Recipient shall take all reasonable measures to protect and
    maintain the confidentiality of
    the data that Recipient received or may receive in the future
    from Disclosing Party.
    Recipient shall take at least the same level of measures in
    safeguarding the data that
    Recipient takes to protect itís own confidential information of a
    similar nature.

    I will take responsibility for ensuring that the conditions of this
    agreement are fully complied
    with. I will ensure that any others within the organisation are aware
    of the confidential nature of
    the data and the conditions attached to their use.

    Name:
    Position:
    Organisation:

    Signed:


  2. Re: NDA and patient confidentiality


    Yves Martel wrote:
    > Bonjour to all,
    >
    > I don't know if you have the same problem I have, but in the process
    > of helping my clients and developing our software, I often have to
    > receive images from the clients. When this happens, I usually sign
    > a NDA (Non-Disclosure Agreement) with the client to ensure that the
    > patient's confidentiality is respected.
    >


    Well, as an addition to the NDA, you can also put in, that you do
    anonymize all confidential information, so that no patient information
    gets leaked out even accidently.

    Kapil


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