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Guideline 10
Legal and ethical frameworks, usage rights
Researchers adopt a responsible approach to the constitutionally guaranteed freedom of research. They comply with rights and obligations, particularly those arising from legal requirements and contracts with third parties, and where necessary seek approvals and ethics statements and present these when required. With regard to research projects, the potential consequences of the research should be evaluated in detail and the ethical aspects should be assessed. The legal framework of a research project includes documented agreements on usage rights relating to data and results generated by the project.
Explanations:
Researchers maintain a continual awareness of the risks associated with the misuse of research results. Their responsibility is not limited to compliance with legal requirements but also includes an obligation to use their knowledge, experience and skills such that risks can be recognised, assessed and evaluated. They pay particular attention to the aspects associated with security-relevant research (dual use). HEIs and non-HEI research institutions are responsible for ensuring that their members’ and employees’ actions comply with regulations and promote this through suitable organisational structures. They develop binding ethical guidance and policies and define procedures to assess ethical issues relating to research projects.
Where possible and practicable, researchers conclude documented agreements on usage rights at the earliest possible point in a research project. Documented agreements are especially useful when multiple academic and/or non-academic institutions are involved in a research project or when it is likely that a researcher will move to a different institution and continue using the data he or she generated for his or her own research purposes. In particular, the researcher who collected the data is entitled to use them. During a research project, those entitled to use the data decide whether third parties should have access to them (subject to data protection regulations).
Further links relating to legal and ethical frameworks, usage rights
Disclaimer: The selection of links provided here does not claim to be exhaustive. They are examples. The editors welcome suggestions for the inclusion of further examples.
Occupational Health and Safety Act
BMAS – Occupational safety and healthCompliance at HEIs
Research Ethics for AI Research Projects. Guidelines to Support the Work of Ethics Committees at Universities
The 3Rs Principle
WMA Declaration of Helsinki
FAIR Guiding Principles for scientific data management and stewardship
A guide on legal issues in Open Science
Authorship and data use conflicts – Experience gained from the work of the German Research Ombudsman
The Future of Scientific Publishing – ISC Principles
Ethical principles and guidelines in the engineering sciences
„Ethical principles of the engineering profession“ (2002) (available in German only)Ethical Guidelines of the German Informatics Society (2018)acatech-Projekt „Responsibility in the technological sciences“ (07/2018 – 12/2020)Ethical requirements applicable to clinical research projects
Association of Medical Ethics Committees in GermanyGuidelines for responsible marine research
DFG/KDM Declaration on Responsible Marine Research (available in German only)Cruise Proposal Preparation InstructionsOSPAR CommissionHandling samples in the geosciences
International GeoSample NumberGerman Research Vessels PortalCertifications
CE markingDiversity
DFG Permanent Senate Commission on Fundamental Issues of BiodiversityLife sciences
DFG Guide: The 3Rs Principle and the Validity of Scientific ResearchDual Use InformationCBD InformationNatural sciences
Nagoya Protocol (particularly relevant in the fields of biophysical research and geosciences)DFG: Nagoya – Explanatory Notes for the Scientific Institutions (available in German only)Permanent Senate Commission on Fundamental Issues of Biological DiversityGerman Research Vessels Portal:Cruise Proposal Preparation InstructionsPractical example of the utilisation of older databases: Project Group ROHSA 3W. Patrick Walters: Code Sharing in the Open Science Era. 2020The comment belongs to the following categories:
GL10 (Link list)
Keywords:
FAIR principlesquality assuranceresearch dataresearch ethicslicencesoccupational safetyusage rightsarchivingpublic accessauthorshipopen accessdocumentationpublication