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The DMS Policy (NOT-OD-21-013) applies to proposals submitted on or after January 25, 2023. NIH will monitor compliance with DMSPs over the course of the funding period during regular reporting intervals (e.g., at the time of annual Research Performance Progress Reports (RPPRs)). Noncompliance with DMSPs may result in the NIH ICO adding special Terms and Conditions of Award or terminating the award. If award recipients are not compliant with Plans at the end of the award, noncompliance may be factored into future funding decisions.

For contracts, noncompliance with the DMSP will be handled in accordance with the terms and conditions of the contract and applicable Federal Acquisition Regulation (FAR).

References:Frequently Asked Questions (FAQs) | Data Sharing 

Data must be shared as soon as possible and no later than the time of publication or end of the award, whichever comes first.

NIH requires researchers to prospectively plan for how scientific data will be preserved and shared. Scientific Data is defined as data commonly accepted in the scientific community as of sufficient quality to validate and replicate research findings, regardless of whether the data are used to support scholarly publications.

• Scientific data includes any data needed to validate and replicate research findings.
• Scientific data does not include laboratory notebooks, preliminary analyses, completed case report forms, drafts of scientific papers, plans for future research, peer reviews, communications with colleagues, or physical objects such as laboratory specimens.

NIH funds can be used for software related to data management and sharing tasks such as curating datasets, preparing associated documentation, supporting data usage, etc. Software used for this purpose must be indicated in the DMSP and budget.

For software used in data analysis and processing that is not related to data management and sharing please, review your Funding Opportunity Announcement (FOA) for information.

References: Supplemental Policy Information: “Allowable Costs for Data Management and Sharing Plan”, Budgeting for Data Management & Sharing 

Yes. The DMS Policy is consistent with federal regulations for the protection of human research participants and other NIH expectations for the use and sharing of scientific data derived from human participants. Award recipients must comply with any applicable laws, regulations, statutes, guidance, or institutional policies related to research with human participants and that protect participants’ privacy. The DMS Policy does not change institutions’ obligations under the Common Rule, the HIPAA Privacy Rule, or other binding rules. The DMS Policy encourages respect for participants by encouraging researchers and award recipients to:

• Address data management and sharing plans during the informed consent process to ensure prospective participants understand how their data will be managed and shared;
• Outline steps they will take for protecting the privacy, rights, and confidentiality of prospective participants (i.e., through de-identification,Certificates of Confidentiality, and other protective measures);
• Assess limitations on subsequent use of data and communicate these limitations to the individuals or entities (e.g., repositories) preserving and sharing the data; and
• Consider whether access to shared scientific data derived from humans should be controlled, even if de-identified and lacking explicit limitations on subsequent use. Sharing via controlled access may be specified by certain funding opportunity announcements (FOAs) or the funding NIH Institutes or Centers.

NIH strongly encourages investigators to plan for how data management and sharing will be addressed in the informed consent process. Investigators should communicate with prospective participants about how their scientific data are expected to be used and shared. Investigators should also consider whether scientific data derived from humans, even if de-identified and lacking explicit limitations on subsequent use, should be controlled.

References:Data Sharing Approaches, Supplemental Policy Information: “Protecting Privacy When Sharing Human Research Participant Data” 
Award recipients are responsible for ensuring that any research partnerships allow for compliance with the DMS Policy. Data sharing expectations should be established prior to the initiation of a partnership, whenever feasible, and any limitations to sharing should be described in DMSPs. Researchers and award recipients are advised to consult with the funding NIH ICO on how to comply with all applicable data sharing policies potentially affecting their NIH-supported research project.

References:Frequently Asked Questions (FAQs) | Data Sharing 

No. The DMS Policy applies to research that results in the generation of scientific data. Scientific data can result from secondary research, but researchers are not expected to share the existing, shared primary data used to conduct the secondary research. Researchers are, however, expected to maximize appropriate sharing of any new, derived data generated as a result of their research. Note that use of data obtained from repositories or other sources and derived data may be subject to limitations on sharing as a condition of access, which is a justifiable reason for limiting sharing under the DMS Policy.

References:Frequently Asked Questions (FAQs) | Data Sharing

No. As of January 25, 2023, NIH will no longer be collecting separate GDS Plans. Genomic data sharing considerations, such as where and when genomic data will be shared, will be expected to be addressed in DMS Plans using the DMS Plan elements.

References: Implementation Details for the NIH Data Management and Sharing Policy, Implementation Changes for Genomic Data Sharing Plans

For grants, plans should be updated by researchers and reviewed by the NIH ICO during regular reporting intervals or sooner. For contracts, in accordance with the Contracting Officer’s Representative’s (COR) technical monitoring responsibilities, the COR would evaluate the post-award revision, in order to determine whether it is still considered acceptable.

NIH has a variety of sharing policies in place for research that it funds and has an online tool to assist you in determining which NIH policies apply to your particular project.

Each funding opportunity has its own unique set of application forms and the NIH has an online resource to help you locate the correct ones for your application.