Authority Data. 21.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are: (i) supplied to the Contractor by or on behalf of the Authority; or (ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or (iii) any Personal Data for which the Authority is the Data Controller 21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority. 21.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifies. 21.4 Upon receipt or creation by the Contractor of any Authority Data and during any collection, processing, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data. 21.5 The Contractor shall perform secure back-ups of all Authority Data. The Contractor shall ensure that such back-ups are available to the Authority at all times upon request. 21.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy. 21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may: 21.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or 21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so. 21.8 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Appears in 8 contracts
Samples: Professional Services, Contract for the Provision of Services, Contract for the Provision of Services
Authority Data. 21.1 28.1 The Contractor Operator shall not delete acquire any right in, or title to, any part of the Authority Data whether existing prior to the Effective Date, or created after such date. Title in the Authority Data shall remain with the Authority at all times.
28.2 The Operator shall not:
28.2.1 disclose, use, modify or adapt the Authority Data;
28.2.2 merge or combine the Authority Data with other data;
28.2.3 derive or extrapolate data from the Authority Data;
28.2.4 store, copy, disclose or use the Authority Data; or
28.2.5 reproduce the Authority Data in whole or in part in any form except as may be expressly required by, or necessary for, performance by the Operator of its obligations under this Agreement.
28.3 The Operator shall not remove any proprietary or copyright notices contained within or relating to the any Authority Data. Authority Data means the data.
28.4 The Operator shall be responsible for maintaining, textin accordance with Good Industry Practice and all express requirements of this Agreement, drawings, diagrams, images or sounds (together with any database made up secure back ups of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use all the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
21.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format possession or control of the Authority specifies.
21.4 Upon receipt or creation by the Contractor of any Authority Data Operator and during its Sub-Contractors and immediately following any collection, processing, storage and transmission of such Authority Data by the Contractor of any Authority Data, the Contractor or on their behalf. The Operator shall take all precautions necessary to preserve be responsible for preserving the integrity of the Authority Data and to prevent any preventing unauthorised disclosure, misuse, interception, theft, corruption or loss loss. Any such Authority Data that is lost, degraded or damaged shall, where copies of such data exist (in any form), promptly be reinstated and/or reconstituted by the Operator, at its own cost where the loss, degradation or damage is due to any Default of the Operator (including but not limited to any Default of a Sub- Contractor). If the Operator fails to do so within two (2) Working Days from and including the date of loss, degradation or damage, then the Authority Datamay by itself or by appointment of a third party undertake the reinstatement and/or reconstitution of such Authority Data at the Operator’s cost and the Operator shall procure that its Sub-Contractors co-operate fully in such process.
21.5 28.5 The Contractor shall perform secure back-ups of all Authority Data. The Contractor Operator shall ensure that such backthe back ups of Authority Data held by the Operator, or on its behalf by Material Sub-ups Contractors, are made available to the Authority at all times upon requestrequest in such format as the Authority may reasonably require.
21.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 28.6 If at any time the Contractor Operator suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded corrupted in any way for any reasonway, then the Contractor Operator shall notify the Authority immediately and inform the Authority forthwith of the remedial action the Contractor it proposes to taketake and shall agree any proposed remedial action with the Authority in advance of taking action.
28.7 Save to the extent otherwise permitted by the Authority in writing (whether in this Agreement or otherwise) the Operator shall not (and shall ensure that its Sub-Contractors shall not):
28.7.1 process or take any Authority Data outside the EEA (or cause or permit the same to happen);
28.7.2 due to the manner in which it delivers (or requires to be delivered) the Services, cause or permit Authority Data to be accessed from outside the EEA; or
28.7.3 undertake (or cause to be undertaken) application development outside the EEA.
28.8 Following termination of this Agreement, for any reason whatsoever, the Operator shall, at the Authority's option either erase or destroy any Authority Data or return any Authority Data to the Authority or to any New Operator.
Appears in 4 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Authority Data. 21.1 28.1 The Contractor Operator shall not delete acquire any right in, or title to, any part of the Authority Data whether existing prior to the Effective Date, or created after such date. Title in the Authority Data shall remain with the Authority at all times.
28.2 The Operator shall not:
28.2.1 disclose, use, modify or adapt the Authority Data;
28.2.2 merge or combine the Authority Data with other data;
28.2.3 derive or extrapolate data from the Authority Data;
28.2.4 store, copy, disclose or use the Authority Data; or
28.2.5 reproduce the Authority Data in whole or in part in any form except as may be expressly required by, or necessary for, performance by the Operator of its obligations under this Agreement.
28.3 The Operator shall not remove any proprietary or copyright notices contained within or relating to the any Authority Data. Authority Data means the dataData.
28.4 The Operator shall be responsible for maintaining, textin accordance with Good Industry Practice and all express requirements of this Agreement, drawings, diagrams, images or sounds (together with any database made up secure back ups of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use all the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
21.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format possession or control of the Authority specifies.
21.4 Upon receipt or creation by the Contractor of any Authority Data Operator and during its Sub-Contractors and immediately following any collection, processing, storage and transmission of such Authority Data by the Contractor of any Authority Data, the Contractor or on their behalf. The Operator shall take all precautions necessary to preserve be responsible for preserving the integrity of the Authority Data and to prevent any preventing unauthorised disclosure, misuse, interception, theft, corruption or loss loss. Any such Authority Data that is lost, degraded or damaged shall, where copies of such data exist (in any form), promptly be reinstated and/or reconstituted by the Operator, at its own cost where the loss, degradation or damage is due to any Default of the Operator (including but not limited to any Default of a Sub- Contractor). If the Operator fails to do so within two (2) Working Days from and including the date of loss, degradation or damage, then the Authority Datamay by itself or by appointment of a third party undertake the reinstatement and/or reconstitution of such Authority Data at the Operator’s cost and the Operator shall procure that its Sub-Contractors co-operate fully in such process.
21.5 28.5 The Contractor shall perform secure back-ups of all Authority Data. The Contractor Operator shall ensure that such backthe back ups of Authority Data held by the Operator, or on its behalf by Material Sub-ups Contractors, are made available to the Authority at all times upon requestrequest in such format as the Authority may reasonably require.
21.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 28.6 If at any time the Contractor Operator suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded corrupted in any way for any reasonway, then the Contractor Operator shall notify the Authority immediately and inform the Authority forthwith of the remedial action the Contractor it proposes to taketake and shall agree any proposed remedial action with the Authority in advance of taking action.
28.7 Save to the extent otherwise permitted by the Authority in writing (whether in this Agreement or otherwise) the Operator shall not (and shall ensure that its Sub-Contractors shall not):
28.7.1 process or take any Authority Data outside the EEA (or cause or permit the same to happen);
28.7.2 due to the manner in which it delivers (or requires to be delivered) the Services, cause or permit Authority Data to be accessed from outside the EEA; or
28.7.3 undertake (or cause to be undertaken) application development outside the EEA.
28.8 Following termination of this Agreement, for any reason whatsoever, the Operator shall, at the Authority's option either erase or destroy any Authority Data or return any Authority Data to the Authority or to any New Operator.
Appears in 3 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Authority Data. 21.1 10.1 For the purposes of clauses 10 and 11, the terms ―Data Controller‖, ―Data Processor‖, ―Data Subject‖, ―Personal Data‖, ―Process‖ and ―Processing‖ have the meanings prescribed under the DPA.
10.2 The Contractor shall must—
(a) not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:;
(ib) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.;
21.3 To (c) to the extent that Authority Data is held and/or processed or Processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format specified in Schedule 1;
(d) take responsibility for preserving the Authority specifies.
21.4 Upon receipt or creation by the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.;
21.5 The Contractor shall (e) perform secure back-ups of all Authority Data. The Contractor Data and shall ensure that up-to- date back-ups are stored securely off-site and ensure that such back-ups are made available to the Authority at all times immediately upon request.;
21.6 The Contractor shall (f) ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.HMG Security Policy Framework;
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expenseg) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 If if at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
10.3 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's Default so as to be unusable, the Authority may—
(a) require the Contractor (at the Contractor's expense) to restore or procure the restoration of Authority Data and the Contractor shall do so promptly; and/or
(b) itself restore or procure the restoration of Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
Appears in 2 contracts
Samples: Enquiry Centre Telephony System Contract, Quantity Surveyor Contract
Authority Data. 21.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 26.1 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 26.2 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifiesspecified.
21.4 Upon receipt or creation by 26.3 The Contractor shall take responsibility for preserving the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor corruption of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 26.4 The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to- date back ups are stored off site in accordance with the Business Continuity and Disaster Recovery Plan. The Contractor shall ensure that such back-ups are available to the Authority at all times upon requestrequest and are delivered to the Authority at no less than 2 monthly intervals.
21.6 26.5 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policySecurity Policy.
21.7 26.6 If the Authority Data is corrupted, lost or of sufficiently degraded as a result of the Contractor's default ’s Default so as to be unusable, the Authority may:
21.7.1 may require the Contractor (at the Contractor's ’s expense) to restore or procure the restoration of the Authority Authority.
26.7 Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 practicable but not later than 4 weeks, and/or itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 26.8 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or of sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Appears in 1 contract
Samples: Terms and Conditions for the Purchase of Goods and Services
Authority Data. 21.1 40.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 40.2 The Contractor shall not and shall procure that the Subcontractors and Contractor Staff shall not store, copy, disclose, or use the Authority Data except as strictly necessary for the performance by the Contractor of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 40.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as reasonably requested by the Authority in the format the Authority specifiesspecified in this Agreement.
21.4 40.4 Upon receipt or creation by the Contractor of any Authority Data and during any collection, processing, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption corruption, loss or loss unauthorised disclosure of the Authority Data.
21.5 40.5 The Contractor shall perform secure back-ups of all Authority DataData in the manner specified in the Disaster Recovery Plan and shall ensure that up- to-date back-ups are stored off-site in accordance with the Disaster Recovery Plan. The Contractor shall ensure that such back-ups are available to the Authority at all times upon reasonable request.
21.6 40.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policySecurity Policy.
21.7 40.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default Default so as to be unusable, the Authority may:
21.7.1 40.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicablereasonably practicable but in any event within one (1) Month; and/oror
21.7.2 itself 40.7.2 if the Contractor does not comply with Clause 40.7.1, the Authority may restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 40.8 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently lost, degraded in any way or has been subject to unauthorised disclosure for any reason, then the Contractor shall notify the Authority immediately as soon as reasonably practicable and inform the Authority of the remedial action the Contractor proposes to takeproposes.
Appears in 1 contract
Samples: Infrastructure Services Agreement
Authority Data. 21.1 14.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 14.2 The Contractor shall not store, copy, disclose, disclose or use the Authority Data except as necessary for the performance by the Contractor of or its obligations under this a Contract or as otherwise expressly authorised in writing Approved by the AuthorityCOI.
21.3 To 14.3 The Contractor and the extent that Authority Data is held and/or processed by the Contractor, the Contractor Controller shall supply that Authority Data each take responsibility (having regard to the Authority as requested by nature of their other respective obligations under this Framework Agreement) to preserve the Authority in integrity of the format Data Controller’s Data and to prevent any corruption or loss of the Authority specifiesData Controller’s Data.
21.4 14.4 Upon receipt or creation by the Contractor of any Authority Data and during any collection, processingProcessing, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the security and integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 14.5 The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site. The Contractor shall ensure that such back-ups are available to the Authority COI at all times upon requestrequest and are delivered to COI and/or Client Department at periods to be mutually agreed.
21.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 14.6 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default ’s Default so as to be unusable, the Authority COI may:
21.7.1 14.6.1 require the Contractor (at the Contractor's ’s expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicablepracticable but no later than seven (7) days; and/or
21.7.2 14.6.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 14.7 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become compromised, corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority COI immediately and inform the Authority COI of the remedial action the Contractor proposes to take.
14.8 The breach of any part of this Clause 14 may be regarded as a fundamental breach of Contract or Framework Agreement.
Appears in 1 contract
Samples: Services Framework Agreement
Authority Data. 21.1 4.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 4.2 The Contractor shall not store, copy, disclose, disclose or use the Authority Data except as necessary for the performance by the Contractor of or its obligations under this a Contract or as otherwise expressly authorised in writing Approved by the AuthorityCOI.
21.3 4.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to COI, the Authority Client Department or any other body as requested by the Authority COI in the format specified in the Authority specifiesInformation Assurance Capability Questionnaire.
21.4 4.4 Upon receipt or creation by the Contractor of any Authority Data and during any collection, processing, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the security and integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 4.5 The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site in accordance with Framework clause 51(“Business Continuity”). The Contractor shall ensure that such back-ups are available to the Authority COI at all times upon requestrequest and are delivered to COI and/or Client Department at periods to be mutually agreed.
21.6 4.6 The Contractor shall ensure that any system on which the Contractor it holds any Authority Data, including back-up data, is a secure system that complies with its response to the Authority's security policyInformation Assurance Capability Questionnaire.
21.7 4.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default ’s Default so as to be unusable, the Authority COI may:
21.7.1 4.7.1 require the Contractor (at the Contractor's ’s expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicablepracticable but no later than seven [7] days; and/or
21.7.2 4.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 4.8 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become compromised, corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority COI immediately and inform the Authority COI of the remedial action the Contractor proposes to take.
4.9 The breach of any part of this Clause 4 may be regarded as a fundamental breach when interpreting Clause 25 and Clause 29.
Appears in 1 contract
Samples: Framework Agreement
Authority Data. 21.1 1.1. The Contractor Contractor/Contractor’s Personnel shall not delete or remove any proprietary notices contained within or relating to the Authority Data.
1.2. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor Contractor/Contractor’s Personnel shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor Contractor/Contractor’s Personnel of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 1.3. To the extent that Authority Data is held and/or processed by the Contractor/Contractor’s Personnel, the Contractor Contractor/Contractor’s Personnel shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifiesspecified.
21.4 Upon receipt or creation by 1.4. The Contractor/Contractor’s Personnel shall take responsibility for preserving the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 The Contractor shall perform secure back-ups of all Authority Data1.5. The Contractor shall ensure that such back-ups are available to the Authority at all times upon request.
21.6 The Contractor Contractor/Contractor’s Personnel shall ensure that any system on which the Contractor Contractor/Contractor’s Personnel holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policysystem.
21.7 1.6. If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's/Contractor's default ’s Personnel Default so as to be unusable, the Authority may:
21.7.1 : require the Contractor Contractor/Contractor’s Personnel (at the Contractor's expense) to restore or procure the restoration of the Authority Data Data, and the Contractor Contractor/Contractor’s Personnel shall do so as soon as practicablepracticable but not later than 5 days working days following the corruption, loss or degradation; and/or
21.7.2 and/or itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 1.7. If at any time the Contractor Contractor/Contractor’s Personnel suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor Contractor/Contractor’s Personnel shall notify the Authority immediately and inform the Authority of the remedial action the Contractor Contractor/Contractor’s Personnel proposes to take.
Appears in 1 contract
Samples: Professional Services
Authority Data. 21.1 10.1 For the purposes of clauses 10 and 11, the terms ―Data Controller‖, ―Data Processor‖, ―Data Subject‖, ―Personal Data‖, ―Process‖ and ―Processing‖ have the meanings prescribed under the DPA.
10.2 The Contractor shall must—
(a) not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:;
(ib) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.;
21.3 To (c) to the extent that Authority Data is held and/or processed or Processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format specified in Schedule 1 (Specification);
(d) take responsibility for preserving the Authority specifies.
21.4 Upon receipt or creation by the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.;
21.5 The Contractor shall (e) perform secure back-ups of all Authority Data. The Contractor Data and shall ensure that up-to-date back-ups are stored securely off-site and ensure that such back-ups are made available to the Authority at all times immediately upon request.;
21.6 The Contractor shall (f) ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.HMG Security Policy Framework;
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expenseg) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 If if at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
10.3 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's Default so as to be unusable, the Authority may—
(a) require the Contractor (at the Contractor's expense) to restore or procure the restoration of Authority Data and the Contractor shall do so promptly; and/or
(b) itself restore or procure the restoration of Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
Appears in 1 contract
Samples: Catering Agreement
Authority Data. 21.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 . To the extent that Authority Data is held and/or processed by or on behalf of the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority (and in the format the Authority specifies.
21.4 Upon receipt or creation requested) by the Contractor of any Authority. Whilst Authority Data and during any collection, processing, storage and transmission is held and/or processed by or on behalf of the Contractor of any Authority DataContractor, the Contractor shall take all precautions necessary to preserve responsibility for preserving the integrity of the Authority Data and to prevent preventing the corruption or loss of Authority Data. The Contractor shall only be liable for any corruption or loss of Authority Data resulting from a Default of the Authority Data.
21.5 Contractor, including the Contractor’s failure to comply with relevant provision of the Requirements or BCDR Plan. The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site, each to the extent required under the BCDR Plan. The Contractor shall ensure that any such back-ups are available to the Authority at all times upon request.
21.6 request and are delivered to the Authority at no less than monthly intervals. The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 requirements set out in Schedule 14 (Methods and Standards) and the rest of this Agreement. If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default ’s Default so as to be unusable, the Authority may:
21.7.1 : require the Contractor (at the Contractor's ’s expense) to restore or procure the restoration of the Authority Data to the extent and in accordance with the Requirements and the requirements specified in the Business Continuity and Disaster Recovery Plan and the Contractor shall do so as soon as practicablepracticable but not later than one (1) Working Day after the relevant corruption, loss, or degradation occurs; and/or
21.7.2 and/or itself restore or procure the restoration of the Authority Data, and (where the Contractor has failed to restore the Authority Data pursuant to Clause 31.38.1 above within 10 Working Days of the Authority’s request) shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 . If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Appears in 1 contract
Authority Data. 21.1 10.1 For the purposes of clauses 10 and 11, the terms ―Data Controller‖, ―Data Processor‖, ―Data Subject‖, ―Personal Data‖, ―Process‖ and ―Processing‖ have the meanings prescribed under the DPA.
10.2 The Contractor shall must—
(a) not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:;
(ib) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.;
21.3 To (c) to the extent that Authority Data is held and/or processed or Processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as if requested by the Authority in a format to be mutually agreed;
(d) take responsibility for preserving the format the Authority specifies.
21.4 Upon receipt or creation by the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.;
21.5 The Contractor shall (e) perform secure back-ups of all Authority Data. The Contractor Data and shall ensure that up-to- date back-ups are stored securely and ensure that such back-ups are made available to the Authority at all times immediately upon request.;
21.6 The Contractor shall (f) ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.HMG Security Policy Framework;
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expenseg) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 If if at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
10.3 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's Default so as to be unusable, the Authority may—
(a) require the Contractor (at the Contractor's expense) to restore or procure the restoration of Authority Data and the Contractor shall do so promptly; and/or
(b) itself restore or procure the restoration of Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
Appears in 1 contract
Samples: Contract for Goods and/or Services
Authority Data. 21.1 5.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 5.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 5.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format specified by the Authority specifiesAuthority.
21.4 Upon receipt or creation by 5.4 The Contractor shall take responsibility for preserving the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 5.5 The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site in accordance with the BCDR Plan. The Contractor shall ensure that such back-ups are available to the Authority at all times upon request.times. See Schedule 2-6
21.6 5.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policySecurity Policy.
21.7 5.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default Default so as to be unusable, the Authority may:
21.7.1 5.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data to the extent and in accordance with the requirements specified in schedule 2 (Business Continuity and Disaster Recovery Provisions) and the Contractor shall do so as soon as practicablepracticable but not later than five (5) working days; and/or
21.7.2 5.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing soso to the extent and in accordance with the requirements specified in schedule 2 (Business Continuity and Disaster Recovery Provisions).
21.8 5.8 If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Appears in 1 contract
Samples: Maintenance and Support Agreement
Authority Data. 21.1 The Contractor Supplier shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor Supplier shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor Supplier of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 . To the extent that Authority Data is held and/or processed by the ContractorSupplier, the Contractor Supplier shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifies.
21.4 Upon receipt or creation specified by the Contractor Authority. The Supplier shall preserve the integrity, confidentiality and accessibility of any Authority Data and during any collectionprevent the unauthorised access, processinginterception, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of Authority Data at all times that the relevant Authority Data.
21.5 Data is under its control or the control of any sub-contractor. The Contractor Supplier shall perform and maintain secure back-ups back‑ups of all Authority DataData and shall ensure that up‑to‑date back‑ups are stored off‑site in accordance with the security requirements in this Agreement and any business continuity and disaster recovery plan. The Contractor Supplier shall ensure that such back-ups back‑ups are available to the Authority (or to such other person as the Authority may direct) at no additional cost to the Authority, and that the data contained in the back‑ups are available at all times upon request.
21.6 request and are delivered to the Authority at no less than six (6) monthly intervals (or such other intervals as may be agreed in writing between the Parties). The Contractor Supplier shall ensure that any system on which the Contractor Supplier holds any Authority Data, including back-up back‑up data, is a secure system that complies with the Authority's security policy.
21.7 requirements in this Agreement. If the Authority Data is corrupted, lost or sufficiently degraded as a result of the ContractorSupplier's default Default so as to be unusable, the Authority may:
21.7.1 : require the Contractor Supplier (at the ContractorSupplier's expense) to restore or procure the restoration of the Authority Data to the extent and in accordance with the requirements specified in any business continuity and disaster capability plan and the Contractor Supplier shall do so as soon as practicablepracticable but not later than five (5) Working Days from the date of receipt of the Authority’s notice; and/or
21.7.2 and/or itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor Supplier any reasonable expenses incurred in doing so.
21.8 so to the extent and in accordance with the requirements specified in any business continuity and disaster capability plan. If at any time the Contractor Supplier suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor Supplier shall notify the Authority immediately and inform the Authority of the remedial action the Contractor Supplier proposes to take. SECURITY REQUIREMENTS The Supplier shall comply with the security management plan set out at Annex 1 (“Security Management Plan”) and the security policy identified as such within the Security Management Plan (“Security Policy”). The Authority shall notify the Supplier of any changes or proposed changes to the Security Policy. If the Supplier believes that a change or proposed change to the Security Policy will have a material and unavoidable cost implication to the Services it may submit a Change Request (as defined in Schedule 4). In doing so, the Supplier must support its request by providing evidence of the cause of any increased costs and the steps that it has taken to mitigate those costs. Any change to the Charges shall then be agreed in accordance with the Change Control Procedure in Schedule 4. Until and/or unless a change to the Charges is agreed by the Authority pursuant to the Change Control Procedure in Schedule 4 the Supplier shall continue to perform the Services in accordance with its existing obligations.
Appears in 1 contract
Samples: Form of Agreement
Authority Data. 21.1 19.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use Provider acknowledges that the Authority Data except as necessary for is the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
21.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifies.
21.4 Upon receipt or creation by the Contractor of any Authority Data and during any collection, processing, storage and transmission by the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity property of the Authority Data and to prevent any corruption or loss of the Authority hereby reserve all Intellectual Property Rights which may subsist in the Authority Data.
21.5 19.2 The Contractor shall Provider must perform secure back-ups of all the Authority DataData and must ensure that up-to-date back-ups are stored off-site in accordance with the Business Continuity Plan. The Contractor shall Provider must ensure that such back-ups are available to the Authority at all times upon requestrequest and are delivered to the Authority at no less than monthly intervals.
21.6 19.3 The Contractor shall Provider must take all necessary steps to ensure that any system on Authority Data which the Contractor holds any Authority Data, including back-up data, comes into its possession or control is a secure system that complies protected in accordance with the Authority's DPA 2018 and appropriate security policyprocedures and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the DPA 2018).
21.7 If 19.4 In the event that the Authority Data used in the provision of the Services is corrupted, corrupted or lost or sufficiently degraded by the Provider as a result of a breach by the Contractor's default so as to be unusableProvider of Clause 22, the Authority may:will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
21.7.1 19.4.1 the Authority may require the Contractor (Provider at its own expense to restore or procure the Contractor's restoration of such the Authority Data using the back- up copy referred to in Clause 19.2; or
19.4.2 the Authority may itself restore or procure restoration of such the Authority Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Authority Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Authority the Authority will, at its own expense) ,
19.5.1 Require the Provider to restore or procure the restoration of the Authority Data and using the Contractor shall do so as soon as practicableback-up copy referred to in Clause 19.2; and/oror
21.7.2 19.5.2 the Authority may itself restore or procure the restoration of the Authority Data.
19.6 The Provider must:-
19.6.1 not use the Authority Data, and shall except as may be repaid required to provide the Services or as instructed by the Contractor any reasonable expenses incurred in doing so.Authority;
21.8 If at any time 19.6.2 not disclose the Contractor suspects or has reason to believe that Authority Data has or may become corruptedto any third party, lost or sufficiently degraded other than in any way accordance with the requirements of the DPA 2018 for any reasonthe purposes of fulfilling its obligations under this Agreement, then except with the Contractor shall notify prior written consent of the Authority immediately or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and inform prevent any loss, disclosure, theft, manipulation or interception of the Authority Data; and/or
19.6.4 upon request provide the Authority with full access to the relevant area of any systems of the remedial action Provider or its sub-Contractors where the Contractor proposes to takeAuthority Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Authority Data.
Appears in 1 contract
Samples: Grant Agreement
Authority Data. 21.1 The Contractor Supplier shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller.
21.2 The Contractor Supplier shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor Supplier of its obligations under this Contract Framework Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 To the extent that the Authority Data is held and/or and / or processed by the ContractorSupplier, the Contractor Supplier shall supply that the Authority Data to the Authority as requested by the Authority in the format format(s) specified by the Authority specifiesAuthority.
21.4 Upon receipt or creation by the Contractor Supplier of any Authority Data and during any collection, processing, storage and transmission by the Contractor Supplier of any Authority Data, the Contractor Supplier shall take all precautions necessary to preserve responsibility for preserving the integrity of the Authority Data and to prevent any preventing the corruption or loss of the Authority Data.
21.5 The Contractor Supplier shall perform secure back-ups of all the Authority DataData and shall ensure that up-to- date back-ups are stored off-site in accordance with the Security Policy. The Contractor Supplier shall ensure that such back-ups are available to the Authority at all times upon request, with delivery times as specified by the Authority.
21.6 The Contractor Supplier shall ensure that any the system on which the Contractor Supplier holds any the Authority Data, including back-up data, is a secure system that complies with the Authority's security policySecurity Policy.
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default Supplier’s Default so as to be unusable, the Authority may:
21.7.1 (a) require the Contractor Supplier (at the Contractor's Supplier’s expense) to restore or procure the restoration of the Authority Data to the extent and in accordance with the Business Continuity and Disaster Recovery Provisions specified in the Security Policy and the Contractor Supplier shall do so as soon as practicablepracticable but not later than three (3) days following a written request from the Authority; and/orand / or
21.7.2 (b) itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor Supplier any reasonable expenses incurred in doing soso to the extent and in accordance with the requirements specified in the Business Continuity and Disaster Recovery provisions specified in the Security Policy.
21.8 If at any time the Contractor Supplier suspects or has reason to believe that the Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor Supplier shall notify the Authority immediately and inform the Authority of the remedial action the Contractor Supplier proposes to take.
21.9 The Supplier shall (and shall procure that its Sub-Contractors shall) ensure that from the Commencement Date and during the Term it has and maintains certification under the HM Government Cyber Essentials Scheme at the level set out in the tender documentation issued by the Authority.
Appears in 1 contract
Samples: Framework Agreement
Authority Data. 21.1 The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract Agreement or as otherwise expressly authorised in writing by the Authority.
21.3 . To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format the Authority specifies.
21.4 Upon receipt or creation specified by the Authority. The Contractor shall take responsibility for preserving the integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.
21.5 Data The Contractor shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site in accordance with the BCDR Plan. The Contractor shall ensure that such back-ups are available to the Authority at all times upon request.
21.6 request and are delivered to the Authority at no less than [insert period] monthly intervals. The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 Security Policy. If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default Default so as to be unusable, the Authority may:
21.7.1 : require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data to the extent and in accordance with the requirements specified in schedule 2 (Business Continuity and Disaster Recovery Provisions) and the Contractor shall do so as soon as practicablepracticable but not later than [insert period ]; and/or
21.7.2 and/or itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 so to the extent and in accordance with the requirements specified in schedule 2 (Business Continuity and Disaster Recovery Provisions). If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Appears in 1 contract
Authority Data. 21.1
10.1 For the purposes of clauses 10 and 11, the terms “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Process” and “Processing” have the meanings prescribed under the DPA.
10.2 The Contractor shall must—
(a) not delete or remove any proprietary notices contained within or relating to the Authority Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:;
(ib) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.;
21.3 To (c) to the extent that Authority Data is held and/or processed or Processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format specified in Schedule 1;
(d) take responsibility for preserving the Authority specifies.
21.4 Upon receipt or creation by the Contractor integrity of any Authority Data and during any collection, processing, storage and transmission by preventing the Contractor of any Authority Data, the Contractor shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.;
21.5 The Contractor shall (e) perform secure back-ups of all Authority Data. The Contractor Data and shall ensure that up-to- date back-ups are stored securely off-site and ensure that such back-ups are made available to the Authority at all times immediately upon request.;
21.6 The Contractor shall (f) ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.HMG Security Policy Framework;
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expenseg) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 If if at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
10.3 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's Default so as to be unusable, the Authority may—
(a) require the Contractor (at the Contractor's expense) to restore or procure the restoration of Authority Data and the Contractor shall do so promptly; and/or
(b) itself restore or procure the restoration of Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
Appears in 1 contract
Samples: Communications Specialist Agreement
Authority Data. 21.1 32.1 The Contractor Supplier shall not delete or remove any proprietary notices contained within or relating to the Authority Authority’s Data. Authority Data means the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:.
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 32.2 The Contractor Supplier shall not store, copy, disclose, or use the Authority Authority’s Data except as necessary for the performance by the Contractor Supplier of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
21.3 32.3 To the extent that Authority Data is held and/or processed by the ContractorSupplier, the Contractor Supplier shall supply that Authority Data to the Authority as requested by the Authority in the format format(s) specified by the Authority specifiesAuthority.
21.4 32.4 Upon receipt or creation by the Contractor Supplier of any Authority Data and during any collection, processing, storage and transmission by the Contractor Supplier of any Authority Data, the Contractor Supplier shall take all precautions necessary to preserve responsibility for preserving the integrity of the Authority Data and to prevent any preventing the corruption or loss of the Authority Data.
21.5 32.5 The Contractor Supplier shall perform secure back-ups of all Authority DataData and shall ensure that up-to-date back-ups are stored off-site in accordance with the Security Policy. The Contractor Supplier shall ensure that such back-ups are available to the Authority at all times upon request, with delivery times as specified by the Authority.
21.6 32.6 The Contractor Supplier shall ensure that any the system on which the Contractor Supplier holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policySecurity Policy.
21.7 32.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default Supplier’s Default so as to be unusable, the Authority may:
21.7.1 32.7.1 require the Contractor Supplier (at the Contractor's Supplier’s expense) to restore or procure the restoration of the Authority Authority’s Data to the extent and in accordance with the Business Continuity and Disaster Recovery Provisions specified in the Security Policy and the Contractor Supplier shall do so as soon as practicablepracticable but not later than three days following a written request from the Authority; and/or
21.7.2 32.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor Supplier any reasonable expenses incurred in doing soso to the extent and in accordance with the requirements specified in the Business Continuity and Disaster Recovery provisions specified in the Security Policy.
21.8 32.8 If at any time the Contractor Supplier suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor Supplier shall notify the Authority immediately and inform the Authority of the remedial action the Contractor Supplier proposes to take.
32.9 The Supplier shall obtain and maintain certification under the HM Government Cyber Essentials Scheme.
Appears in 1 contract
Samples: Framework Agreement
Authority Data. 21.1 28.1 The Contractor Operator shall not delete acquire any right in, or title to, any part of the Authority Data whether existing prior to the Effective Date, or created after such date. Title in the Authority Data shall remain with the Authority at all times.
28.2 The Operator shall not:
28.2.1 disclose, use, modify or adapt the Authority Data;
28.2.2 merge or combine the Authority Data with other data;
28.2.3 derive or extrapolate data from the Authority Data;
28.2.4 store, copy, disclose or use the Authority Data; or
28.2.5 reproduce the Authority Data in whole or in part in any form except as may be expressly required by, or necessary for, performance by the Operator of its obligations under this Agreement.
28.3 The Operator shall not remove any proprietary or copyright notices contained within or relating to the any Authority Data. Authority Data means the data.
28.4 The Operator shall be responsible for maintaining, textin accordance with Good Industry Practice and all express requirements of this Agreement, drawings, diagrams, images or sounds (together with any database made up secure back ups of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:
(i) supplied to the Contractor by or on behalf of the Authority; or
(ii) which the Contractor is required to generate, process, store or transmit pursuant to this Contract; or
(iii) any Personal Data for which the Authority is the Data Controller
21.2 The Contractor shall not store, copy, disclose, or use all the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
21.3 To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format possession or control of the Authority specifies.
21.4 Upon receipt or creation by the Contractor of any Authority Data Operator and during its Sub-Contractors and immediately following any collection, processing, storage and transmission of such Authority Data by the Contractor of any Authority Data, the Contractor or on their behalf. The Operator shall take all precautions necessary to preserve be responsible for preserving the integrity of the Authority Data and to prevent any preventing unauthorised disclosure, misuse, interception, theft, corruption or loss loss. Any such Authority Data that is lost, degraded or damaged shall, where copies of such data exist (in any form), promptly be reinstated and/or reconstituted by the Operator, at its own cost where the loss, degradation or damage is due to any Default of the Operator (including but not limited to any Default of a Sub- Contractor). If the Operator fails to do so within two (2) Working Days from and including the date of loss, degradation or damage, then the Authority Datamay by itself or by appointment of a third party undertake the reinstatement and/or reconstitution of such Authority Data at the Operator’s cost and the Operator shall procure that its Sub-Contractors co-operate fully in such process.
21.5 28.5 The Contractor shall perform secure back-ups of all Authority Data. The Contractor Operator shall ensure that such backthe back ups of Authority Data held by the Operator, or on its behalf by Material Sub-ups Contractors, are made available to the Authority at all times upon requestrequest in such format as the Authority may reasonably require.
21.6 The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system that complies with the Authority's security policy.
21.7 If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's default so as to be unusable, the Authority may:
21.7.1 require the Contractor (at the Contractor's expense) to restore or procure the restoration of the Authority Data and the Contractor shall do so as soon as practicable; and/or
21.7.2 itself restore or procure the restoration of the Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so.
21.8 28.6 If at any time the Contractor Operator suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded corrupted in any way for any reasonway, then the Contractor Operator shall notify the Authority immediately and inform the Authority forthwith of the remedial action the Contractor it proposes to taketake and shall agree any proposed remedial action with the Authority in advance of taking action.
28.7 Save to the extent otherwise permitted by the Authority in writing (whether in this Agreement or otherwise) the Operator shall not (and shall ensure that its Sub-Contractors shall not):
28.7.1 process or take any Authority Data outside the EEA (or cause or permit the same to happen);
28.7.2 due to the manner in which it delivers (or requires to be delivered) the Services, cause or permit Authority Data to be accessed from outside the EEA; or
28.7.3 undertake (or cause to be undertaken) application development outside the EEA.
28.8 Following termination of this Agreement, for any reason whatsoever, the Operator shall, at the Authority's option either erase or destroy any Authority Data or return any Authority Data to the Authority or to any New Operator.
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Samples: Services Agreement