According to the Intercantonal agreement on the Universities of Applied Sciences Western Switzerland (HES-SO), the universities "are the owners of intellectual property rights relating to all intellectual creations and research results obtained in the performance of their duties by persons having a contractual working relationship with them".
According to Article 5 of the Regulations governing the use and exploitation of research results acquired by the HES-Valais and HEVs2, "The results, whether protectable or not, of research by members of the teaching staff and/or intermediate staff, obtained in the course of their professional activity in the service of the schools, are the property of the canton" (RS 414.733.).
However, in the case of a partnership with another Swiss or foreign institution, or a company, it is essential to agree on the ownership and sharing of data right from the planning stage of a project.
| Federal Act on Data Protection (FADP) |
It applies to projects carried out in Switzerland. The prior and informed consent of the data subject is required for the collection of personal and sensitive data. Consent: personal and sensitive data can only be collected with the prior, informed consent of the person concerned. Such consent concerns both the publication resulting from the research project and the deposit of the dataset. |
|---|---|
| General Data protection Regulation (RGPD) | At the European level, the General Data Protection Regulation (GDPR) adds to the list of examples of "personal data" means "[...] one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity " |
| Federal Act on Research involving Human Beings (HRA) | "In cases where research falls within the scope of the Federal Law on Research Involving Human Beings (HRA), generally studies conducted in a biomedical context, researchers must contact the ethics commission to submit their protocol and ensure that their consent form is legally compliant " |
| Valais cantonal law on public information, data protection and archiving (LIPDA) |
The present law applies in particular to cantonal public law establishments of which the HES-SO Valais-Wallis is a part as an autonomous non-profit public law establishment. |
| Scientific integrity code | The scientific integrity code includes two paragraphs on data management (4.5 and 5.2.7). |
| HES-SO Valais directive on Scientific integrity | The HES-SO Valais has a directive on scientific integrity |
See also : Personal and sensitive data
Several cumulative criteria must be considered in order to determine the applicable legal framework(s)3-7:
| Place of establishment of the data controller (PI) |
|
|---|---|
| Legal status of the data controller (PI) |
In the case of research involving collaboration between cantonal and federal institutions, both laws will apply. |
| Geographical location of data collection |
The location of individuals at the time their data is collected is an important element. The RGPD's notion of territoriality and extraterritoriality must also be taken into consideration when:
|
| Special law applicable to my research |
|
