Legislation

Legal Frameworks

When considering any research work it is important to be aware of the key legal frameworks that may impact upon such work, particularly where that work may involve international collaboration.

Export controls

It is important to understand whether your research is subject to export control. College has extensive guidance on export controls and how they apply to academic work, and there are various tools UK Government make available to check whether sharing of research may be subject control. Further information can be found on the Export Controls pages.

Local legislation

When collaborating with a foreign research partner or funder, be aware that they may operate under very different legislative frameworks, which might impact your agreements or partnership, and how the activity is consequently conducted.

It is important to consider how foreign legislation may affect the level of control you have over your data, information, or assets that you share with a potential or existing collaborator in another country. In some cases, an organisation or person in another country may be obliged to disclose or share information that may be of interest to the collaborator’s host government. Conducting early due diligence checks can help prepare for work in overseas destinations and understand risks associated with a particular partner, to help protect both you and your work. The College relationship review policy sets out measures in which due diligence may be conducted when working in overseas destinations, or with overseas partners, and sets out a list of countries that are subject to additional scrutiny. 

Terms and Conditions, and research contracts

The terms and conditions for the research collaboration will impact intellectual property and how that property may be used, or taken further by the partner or collaborator, including use with third parties. Ensuring these are both appropriate and correct helps to enable both you and College are protected. Faculty Research Contracts Teams can advise further. Visit the College Research Contracts and Intellectual Property webpages for more guidance. 

National Security and Investment Act 2021 (NSI Act)

The NSI Act seeks to protect the UK’s national security by intervening and assessing certain acquisitions of entities and assets which fall under the 17 sensitive areas of the UK’s economy, listed in the NSI guidance pages, defined by this Act. The College has developed guidance and support concerning this Act. Visit the NSI Act guidance to understand this in more detail. You may contact the College Contracts team in the Research Office, should you need specific help with this. 

Data Protection

It is also important to consider the data protection regulation in order to ensure a Trusted Research approach for your international research and funding collaborations. Some restrictions apply when transferring personal data outside of the UK or European Economic Area (EEA). This would include visiting or moving to another institution outside of the UK or EEA and taking research data generated at the College with you. The College data protection guidance provides further details and contains specific information regarding transferring research data abroad.