Data Sharing Policy

Chapter I General Policy

Article 1 China National GeneBank DataBase (CNGBdb) (hereinafter referred to as "platform" / "CNGBdb") is a scientific data service platform built for biological sample and data sharing and application services to the research community. Based on the big data and cloud computing technologies, it provides data services such as archive, analysis, knowledge search, management authorization, and visualization. Users will negotiate and determine on their own the ownership of results, intellectual property rights, other rights in the use of CNGBdb Public data outputs, the allocation and the revenues while CNGBdb do not own any ownership.

Article 2 The Data Sharing Policy (hereinafter referred to as "this Policy") provides normative guidelines for users. In the event of any conflict or inconsistency between this Policy and "Terms and Conditions", the provisions of the "Terms and Conditions" shall prevail. Users should use CNGBdb services on the premise of legality and compliance. This Policy is formulated by the current laws and regulations of the People’s Republic of China, including the "Administrative Measures for Scientific Data Management" and "Implementing Rules of the Regulation on the Administration of Human Genetic Resources".

Article 3 The data referred to in this Policy refers to the data information uploaded by data submitters to CNGBdb, including genomic data, proteomic data, metabolomic data, imaging data, clinical data, biomarker data, commercial materials data, literature, public data from other databases, and associated metadata (such as project information, sample information, experimental information, etc.).

Article 4 CNGBdb formulated unified data standards to ensure the standardization of data formats, and implements strict physical and information security measures to ensure data security. CNGBdb will not transfer or disclose your data, except as necessary for data safety monitoring, national audits, or as otherwise required by laws, regulations, or policies.

 

Chapter II Data Submission

Article 5 The data in CNGBdb is submitted by users (Data Submitter, refers to the users who submitted data to CNGBdb). CNGBdb manages the data according to the data access manner that the Data Submitter selected. Data submitters may be required to submit corresponding legal documentation as proof of the data source's legitimacy. CNGBdb reviews the completeness, the correctness of the application, and the consistency in what has been submitted. The Data Submitter should promise that all information (including but not limited to the given information and submitted data) involved in this data submission application is in accordance with the relevant laws, regulations, biosafety, and ethical principles of China and other relevant countries/regions.

Article 6 When submitting data, the Data Submitter should ensure the submission in accordance with CNGBdb data standards and submission procedures, and ensure the completeness, accuracy, authenticity, and validity of the submitted data.

 

Chapter III Open Access and External Provision

Article 7 According to the Data access manner selected by the Data Submitter, CNGBdb clearly defines access/download rights, and data access methods to create a fair and reliable sharing environment.

Article 8 Data access manner of CNGBdb is divided into: Public, Controlled, and Private.

1. Public Data
   Public Data refers to data whose data access manner is "Public". That is, the project's associated metadata and data files are made publicly accessible. Public data is open for global access and for users to visit and download.
2. Controlled Data
   Controlled Data refers to data whose data access manner is "Controlled". That is, the data files are subject to access control. Controlled data accepts user requests for access and downloading.
3. Private Data
   Private Data refers to data whose data access manner is "Private". That is, both the associated metadata and data files of the project are subject to access control. Private data is exclusively accessible to the Data Submitters who may apply for its usage as needed.

Article 9 As a scientific data service platform, CNGBdb archives data and requires relevant certification materials according to the Data access manner (Public, Controlled, and Private) selected by the Data Submitter.

Article 10 To meet the disclosure requirements of international journals and magazines in the field of life sciences for research data, users can archive and share their data with CNGBdb. This facilitates global researchers in verifying the authenticity and traceability of research outcomes. For this purpose, users can access the name and affiliation of Data Submitters. They can also download the data from public projects or controlled projects (subject to approval). The data includes but is not limited to genomic data, proteomic data, and commercial materials data. These data originate from samples of humans, animals, plants, microorganisms, and other uncategorized sources.

Article 11 To facilitate the data sharing, if the publication related to the project submitted to CNGBdb is detected, CNGBdb may release the relevant project (excluding information related to human genetic resources) in accordance with the data access manner set by the users and inform them in advance. If a user explicitly refuses to make the project public, the project information will be withdrawn from the public state. However, CNGBdb does not assume any responsibility for the impact on the published articles resulting from this action.

Article 12 Users accessing and downloading data must comply with relevant laws, regulations, and CNGBdb policies. The data downloaded by users should be stored on a storage medium that fully guarantees data security, and the data should only be stored within the period necessary for the purpose mentioned in Article 10 of this Policy, and the relevant data should be deleted in time after the necessary period is exceeded (if available).

Article 13 Users shall process data within the purpose, manner, and scope of processing described in this Policy. All activities conducted by users in CNGBdb should strictly comply with the laws, regulations, policies, biosafety, and bioethical principles of China and other relevant countries or regions, and shall not engage in data processing activities that endanger public health, national security, and public interest or the legitimate rights and interests of others.

Article 14 If any data information submitted to CNGBdb or published through CNGBdb involves human genetic resource information (HGR, the term "human genetic resources (HGR)" includes human genetic resources materials and human genetic resources information according to the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources". The term "HGR materials" means genetic materials such as organs, tissues, and cells that contain human genomes, genes, and other genetic substances. The term "HGR information" means information materials such as data generated from the utilization of HGR materials.), the Data Submitter and Data Submitter Institution(s) guarantee and warrant that all data he /she submitted on CNGBdb are legal. All the activities he/she has carried out or will carry out should be in accordance with the relevant laws, regulations, biosafety, and bioethics principles of China (including but not limited to the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources"), and will submit relevant certification materials (such as registration number and the Prior reporting on the external provision or open use of China’s human genetic resources information (中国人类遗传资源信息对外提供或开放使用事先报告) from Human Genetic Resource Administration) to prove its legality.

 

Chapter IV Intellectual Property

Article 15 For users who apply to use controlled data through CNGBdb and express their intention to cooperate further (except for data access which is deposited in CNGBdb), it is the user's responsibility to negotiate and sign an agreement with the Data Submitter, which should be under legal premises, to specify the costs, transfer methods, intellectual property rights allocation, and other related content. The user's aforementioned actions are unrelated to CNGBdb. The user's allocation of intellectual property rights should comply with legal regulations. If it involves international collaborative scientific research utilizing human genetic resources in China, it is also necessary to adhere to the relevant provisions regarding intellectual property rights allocation in the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources".

Article 16 In all oral or written presentations, disclosures, publications, patents, and other outcomes resulting from the use of shared data through CNGBdb, users need to acknowledge the contributors of the Data Submitter or cite the CNGBdb accession number.

Article 17 Submitting data to CNGBdb does not alter the ownership of the data.

Article 18 By submitting data to CNGBdb, users agree that CNGBdb will perform the necessary processing of the data and disclose the data processing results (such as quality control information, etc.) to ensure data quality and promote data sharing and reuse.

 

Chapter V Appendix

Article 19 All data and information submitted by users to CNGBdb or posted through CNGBdb (including but not limited to filled-in information and submitted data) must undergo strict review to ensure their legality, authenticity, completeness, and accuracy. The user shall be responsible for all liabilities for any losses incurred by relevant parties due to the illegality, inaccuracy, incompleteness, or falsity of the aforementioned data and information.

Article 20 CNGBdb and China National GeneBank (CNGB) reserve the right to hold users liable for violations of this principle and the terms and conditions of CNGBdb. If the data submitted by the user is found to be illegal, CNGBdb shall have the right not to store the illegal data. CNGBdb has the right to delete and report to the relevant state organs if any illegal data has been stored and filed.

Article 21 In the event of a data security incident (tampering, destruction, leakage, loss, illegal acquisition, illegal use, etc.), CNGBdb will immediately launch an emergency response plan and actively take remedial measures to prevent the damage from expanding. If a security incident causes harm to users or other individuals, CNGBdb will promptly notify users of the basic situation of the security incident, possible impacts, disposal measures taken or to be taken, and prevent or reduce risks for users in accordance with laws and regulations. suggestions etc. If it is difficult to notify users one by one, CNGBdb will adopt a reasonable and effective way to issue an announcement. At the same time, CNGBdb will perform its reporting obligations in accordance with laws, regulations, or regulatory requirements.

Article 22 CNGBdb reserves the right to periodically update this Policy based on relevant laws, regulations, policies, and operational and management needs of CNGBdb. Updated versions will be published on the CNGBdb official website. If you disagree with any modifications made by CNGBdb to these principles, you have the right to cease using the services provided by CNGBdb and notify CNGBdb in writing. By continuing to use our services after the updated version is published, it indicates your acceptance of the revised content.

Article 23 In the event that the above terms are translated into other languages, including English, any conflicts or ambiguities shall be resolved in accordance with the Chinese version as the authoritative version.

Article 24 CNGBdb and China National GeneBank (CNGB) reserve all rights of this Policy.