57 - Binding Contracts

Unsichtbares Akkordeon

With the concluding list they simply promised too much


In this example, informed consent for a study prepared with model declarations used wording that enumerated the permitted uses and promised restriction to those uses. Specifically, the text contained the statement "data will be processed exclusively in  previously described ways." Since the (anonymized) publication was missing from the list, the data could not be published. The very strict wording was binding for both parties. 

It makes sense to have all legally binding texts proofread by third parties with relevant experience before they are used, in order to check that the legal consequences of the wording actually correspond to the desired effects.  The post-use conditions of the collected research data should be formulated in such a way that they do not stand in the way of publication or further use of the data in other projects for the purpose.