COMPETENCE REQUIREMENTS Clause Samples
The Competence Requirements clause sets out the qualifications, skills, and experience that individuals or entities must possess to perform certain tasks or roles under an agreement. It typically details the minimum standards for education, certifications, or professional background necessary for the work, and may require ongoing proof of competence throughout the contract term. This clause ensures that only suitably qualified parties are engaged, thereby reducing the risk of substandard performance and helping to maintain quality and safety standards.
COMPETENCE REQUIREMENTS. 5.1 Fulfilment and monitoring of competence requirements
5.1.1 at least one (1) employee or representative of the Registrar has successfully completed the Training Programme;
5.1.2 The Registrar possesses the necessary technical and organisational resources, including a qualified labour force, to perform the Contract and provide Registration Services;
5.1.3 The terms and conditions of the Registrar’s Registration Service and the Domain Rules are published on the Registrar’s website together with the logo EIF Accredited Registrar and a link to the EIF website;
5.1.4 The Registrar ensures to Registrants the operation for customer service purposes of its e-mail address, which is published on the website of the Registrar;
5.1.5 The Registrar has established internal provisions within its business, which regulate the obligations of the Registrar’s employees in the processing of personal data, including ensuring the availability, secrecy and integrity of the data, and the making of redundancy copies of personal data, and controls the fulfilment of the named internal provisions.
5.2 EIS also has the right to control the performance of competence requirements during the term of validity of the Contract, including during working time at the location of the Registrar, notifying the Registrar of the corresponding wish a reasonable period of time in advance. The Registrar is obligated to allow EIF to examine, for control purposes, the necessary data and to cooperate in good faith with EIF.
6.1 The Registrar provides Registration Services to the Registrant having submitted an application for the provision of Registration Services in accordance with the Domain Rules and with the service contract concluded between the Registrant and the Registrar.
6.2 The following must, in any case, be fixed in the named service contract:
6.2.1 The obligation assumed by the Registrant before EIF to follow valid domain rules and the instructions detailing the domain rules published on the EIF website.
6.2.2 The consent of the Registrant, that EIF may demand from the Registrant the performance before EIF of obligations assumed in the domain service contract and registration application.
COMPETENCE REQUIREMENTS. 20.1 The Executive must comply with any regulatory and compliance requirements which apply to the Position, including (but not limited to):
(a) the Code of Conduct for Dealings in Investments by Directors and Employees;
(b) the Code of Conduct for Handling Investment Business for Customers; and
(c) the Financial Services and Markets ▇▇▇ ▇▇▇▇ (“FSMA”), all applicable secondary legislation made under the FSMA and all applicable rules, regulations and guidance of the Financial Services Authority (“FSA”) and any other statutory body involved in regulation of the activity carried out by the Executive in the Position or otherwise in the course of the Employment. [Subject to review in light of specific duties of the Executive.] The Company may take disciplinary action, up to and including dismissal, if the Executive does not comply with these requirements.
20.2 The Position is subject to statutory regulation by the Financial Services Authority (“FSA”). FSA Regulations require that, in order to perform the Position, the Executive must be assessed as competent on an ongoing basis, in line with appropriate criteria. If the Executive fails to meet the appropriate standard of competence, the Company would be in contravention of its obligations under the FSA Regulations if it permitted the Executive to continue to work in the Position. The Company will therefore take appropriate action to fulfil its regulatory obligations, which may result in termination of the Employment.
20.3 The Company shall provide to the Executive all reasonable assistance, training, support and access to advice (at the cost of the Company) in connection with statutory regulatory and compliance requirements.
COMPETENCE REQUIREMENTS. 5.1 During the term of this Contract the Registrar shall satisfy the following Competence Requirements:
5.1.1 The Registrar shall possess the necessary technical and organizational resources to fulfil its obligations under this Contract and the Domain Regulation and to provide Registration Services;
5.1.2 The Registrar shall satisfy the requirements provided in Annex 1 of this Contract;
5.1.3 The Registrar shall ensure functioning of electronic mail for the purposes of providing Registration Services to the Registrants, address of such electronic mail shall be published on the webpage of the Registrar;
5.1.4 The Registrar shall have established internal provisions, which regulate obligations of the Registrar’s employees related to procession of personal data, including ensuring the availability and integrity of the data, and restriction on making redundant copies of personal data, and shall control fulfilment of such internal provisions.
5.2 During the term of the Contract the Registry has right to control performance of the Competence Requirements by the Registrar, including by inspecting the Registrar at its office and notifying about such inspection in advance within the reasonable period of time. The Registrar shall allow the Registry to examine, for control purposes, the necessary data and shall cooperate with the Registry in good faith.
COMPETENCE REQUIREMENTS. 131 Evaluators, irrespective of status and level, shall be able to demonstrate relevant knowledge in the tasks they are assigned. 132 Evaluators and Qualified Evaluators working within the Scheme are expected to: understand the principles and methods used in the CC, the CEM, and the Scheme; understand the relationship between supporting documents used in the CC or in different types of Protection Profiles (PP:s) in the field of ITSEF operation; be able to demonstrate understanding of the Quality and Security Management Systems of the ITSEF; be able to apply the CC, the CEM, and the Scheme in real evaluations at any as- surance level accepted for mutual recognition; demonstrate understanding of the overall evaluation planning process; be able to independently document the evaluation results of his or her work objec- tively, precisely, correctly, unambiguously, and at the level of detail required by the CC, the CEM, and the Scheme. 133 In addition to the general competence described in this section, the Evaluators also SHALL have sufficient technical competence for the tasks they perform. It is the ITSEF’s responsibility to determine the competence needed in the Evalua- tor team for each evaluation, to appoint evaluators accordingly, and, if necessary, to augment the Evaluator team with internal or external technical experts. The Certification Body will independently determine the competence needed in the Evaluator team and assess the appointments made by the ITSEF. The Certification Body will report the assessment results, and may request justifi- cation from the ITSEF for the appointment decisions, with regard to the overall technical competence of the Evaluator team. See Scheme publication SP-002 Evaluation and Certification. 134 The Certification Body may decide upon specific competence requirements for specif- ic tasks. Such requirements will be published by the Certification Body.