Researchers are responsible for being aware of their responsibilities within an increasingly complex international and regulatory environment. There is a great deal of legislation linked to international research collaboration and it is important that both the University and individual researchers comply with the relevant legislation.
Export Controls
UK export controls are designed to control the export and communication of military and dual-use items. All research activity in controlled areas, whether related to a formal partnership or not, must be compliant with applicable export control legislation.
The controls apply equally to the academic community as to any other exporter, and may touch on a range of areas of academic exchange that might enable technology transfer, physically, electronically and, in rare cases, verbally. Export control does not cover research which is already in the public domain however; many routine activities (such as international collaboration or presenting at international conferences) may be covered by the legislation if non-public dual-use or military research is to be shared.
Within partnerships, due consideration should be given to the nature of the project activity and envisaged outputs, especially regarding the potential for dual-use and unethical application of research. The University has webpages providing information and is developing further guidance and additional resources to support researchers in this area. Further guidance is available from the Export Control Joint Unit and the Higher Education Export Control Association
Data Protection
The Data Protection Act (DPA) 2018 sets out the framework for data protection law in the UK. It is important to ensure that research data is protected in compliance with the Act. The University has dedicated webpages relevant to the impact of data protection on research activity, including detail of possible exemptions. Researchers should familiarise themselves with this guidance.
Academic Technology Approval Scheme (ATAS)
The Academic Technology Approval Scheme (ATAS) applies to all international postgraduate students and researchers (apart from exempt nationalities) win certain roles and research fields where the UK government considers that individuals’ knowledge could be used in programmes to develop Advanced Conventional Military Technology (ACMT) or weapons of mass destruction (WMDs) or their means of delivery, research which could result in the Intangible Transfer of Technology (ITT) to WMD and ACMT programmes of concern and any activity which may be “against the UK’s national interests”.
The University provides guidance for both students (ATAS | Postgraduate Study (cam.ac.uk)) and researchers (Academic Technology Approval Scheme (ATAS) | Human Resources (cam.ac.uk)) on when ATAS applies and what steps are required to obtain clearance. Further information is available on government webpages.
Compliance with Local Legislation
If you are collaborating with an international partner there may be laws and regulations with which you will need to comply in your collaborator’s country. Be aware any different legislative frameworks under which they operate, and how this might impact on partnership agreements.
Most countries will maintain some form of export control, they may have laws which restrict their institution’s ability to share data or research outcomes, and the legal protections around IP may also differ in those jurisdictions.
Watch our video on Research Governance and Legislation on the University Staff Hub to find out more.