Common use of CONFIDENTIALITY AND GDPR Clause in Contracts

CONFIDENTIALITY AND GDPR. 1. The client and the contractor are both obliged to keep all information that they receive confidential or have received from each other or another source in the context of the agreement. 2. In the framework of the General Data Protection Regulation (GDPR), the client and the contractor shall take due care with the data and information received from the specialist, sub-contractor or employee and never pass this information on to third parties, unless one of the two is obliged to provide confidential information to a third party designated by the law or a court of law, on the grounds of a legal provision or judicial ruling. 3. If the contractor is obliged to provide a third party designated by the law or a court of law with confidential information on the grounds of a legal provision or judicial ruling, and the contractor cannot invoke the right of refusal, the contractor is not obliged to pay compensation for damages and the client is not entitled to proceed to dissolve or terminate the agreement. 4. The contractor obligates the generic confidentiality to the specialist, sub-contractor or employee. If the client should desire a more specific confidentiality obligation, the contractor shall comply in a reasonable request upon being asked by the client. The client is free to obligate the specialist, sub- contractor or employee directly regarding confidentiality. The client should inform the contractor about its intention of doing so and provides the contractor with a copy of the draft declaration or agreement. In respect of this specific confidentiality obligation the contractor shall not be liable for any fine, penalty payment or potential damage to the client as the result of violation of the confidentiality obligation by the specialist, sub-contractor or employee. 5. The client and the contractor shall ensure that fitting technical and organizational security measures are taken in order to protect against loss, destruction or against any type of unlawful processing of personal data provided or received in connection with execution of the agreement. In the case of loss or suspected loss of personal data or expected damages, the Data Leaks (Reporting Obligation) Act shall be observed. 6. The client will receive the personal data of the aspiring employee, employee and/or specialist from the contractor. If the client decides not to pursue the quote offered, the client shall destroy the personal data received within 1 (one) week. 7. If the client is obliged under law at the start of a consultancy assignment or assignment to verify the identity of the specialist, sub-contractor or employee, the client shall do this based on an original identity document which states the nationality of the employee. This identity document must be carefully checked for veracity and validity. 8. The client shall handle the personal data of the specialist, sub-contractor or employee as communicated within the framework of the agreement as confidential. 9. The client explicitly declares familiarity with the valid laws and regulations governing the processing of personal data. The client shall only use the personal data acquired from the contractor for the purpose for which it has been acquired, not retain them longer than as permitted by laws and regulations and ensure the proper security of such personal data. The client shall, moreover, only process such personal data in accordance with the provisions of the applicable privacy laws and regulations. 10. The contractor is not liable for fines or claims incurred by the client because it has not complied with its obligations as stated in this article. 11. The client indemnifies the contractor for fines incurred due to non-compliance with the obligations stated in this article.

CONFIDENTIALITY AND GDPR. 1. The client and the contractor are both obliged to keep all information that they receive confidential condifential or have received from each other or another source in the context of the agreement. 2. In the framework of the General Data Protection Regulation (GDPR), the client and the contractor shall take due care with the data and information received from the specialist, sub-contractor or employee and never pass this information on to third parties, unless one of the two is obliged to provide confidential information to a third party designated by the law or a court of law, on the grounds of a legal provision or judicial ruling. 3. If the contractor is obliged to provide a third party designated by the law or a court of law with confidential information on the grounds of a legal provision or judicial ruling, and the contractor cannot invoke the right of refusal, the contractor is not obliged to pay compensation for damages and the client is not entitled to proceed to dissolve or terminate the agreement. 4. The contractor obligates shall explain the generic confidentiality obligation to the specialist, sub-contractor or employee. If the client should desire a more specific confidentiality obligation, the contractor shall comply in a reasonable request upon being asked by the client. The client is free to obligate the specialist, sub- sub-contractor or employee directly regarding confidentiality. The client should inform the contractor about its intention of doing so and provides the contractor with a copy of the draft declaration or agreement. 5. In respect of this specific confidentiality obligation the The contractor shall not be liable for any fine, penalty payment or potential damage to the client as the result of violation of the confidentiality obligation by the specialist, sub-contractor or employee. 56. The client and the contractor shall ensure that fitting technical and organizational organisational security measures are taken in order to protect against loss, destruction or against any type of unlawful processing of personal data provided or received in connection with execution of the agreement. In the case of loss or suspected loss of personal data or expected damages, the Data Leaks (Reporting Obligation) Act shall be observed. 67. The client will receive the personal data of the aspiring employee, employee and/or specialist from the contractor. If the client decides not to pursue the quote offered, the client shall destroy the personal data received within 1 (one) week. 78. If the client is obliged under law at the start of a consultancy assignment or assignment to verify the identity of the specialist, sub-contractor or employee, the client shall do this based on an original identity document which states the nationality of the employee. This identity document must be carefully checked for veracity and validity. 89. The client shall handle the personal data of the specialist, sub-contractor or employee as communicated within the framework of the agreement as confidential. 910. The client explicitly declares familiarity with the valid laws and regulations governing the processing of personal data. The client shall only use the personal data acquired from the contractor for the purpose for which it has been acquired, not retain them longer than as permitted by laws and regulations and ensure the proper security of such personal data. The client shall, moreover, only process such personal data in accordance with the provisions of the applicable privacy laws and regulations. 1011. The contractor is not liable for fines or claims incurred by the client because it has not complied with its obligations as stated in this article. 1112. The client indemnifies the contractor for fines incurred due to non-compliance with the obligations stated in this article.

CONFIDENTIALITY AND GDPR. 1. The client and the contractor are both obliged to keep confidential all confidential information that they receive confidential or have received from each other or another source in the context of the agreement. 2. In the framework of the General Data Protection Regulation (GDPR), the client and the contractor shall take due care with the data and information received from the specialist, sub-contractor or employee and never pass this information on to third parties, unless one of the two is obliged on the grounds of a legal provision or judicial ruling to provide confidential information to a third party designated by the law or a court of law, on the grounds of a legal provision or judicial ruling. 3. If the contractor is obliged to provide a third party designated by the law or a court of law with confidential information on the grounds of a legal provision or judicial ruling, and the contractor cannot invoke the right of refusal, the contractor is not obliged to pay compensation for damages and the client is not entitled to proceed to dissolve or terminate the agreement. 4. The contractor obligates shall explain the generic confidentiality obligation to the specialist, sub-contractor or employee. If the client should desire a more specific confidentiality obligation, the contractor shall comply in a reasonable request upon being asked by the client. The client is free to obligate the specialist, sub- sub-contractor or employee directly regarding confidentiality. The client should inform the contractor about its intention of so doing so and provides furnish the contractor with a copy of the draft declaration or agreement. 5. In respect of this specific confidentiality obligation the The contractor shall not be liable for any fine, penalty payment or potential damage to the client as the result of violation of the confidentiality obligation by the specialist, sub-contractor or employee. 56. The client and the contractor shall ensure that fitting technical and organizational organisational security measures are taken in order to protect against loss, destruction or against any type of unlawful processing of personal data provided or received in connection with execution of the agreement. In the case of loss or suspected loss of personal data or expected damages, the Data Leaks (Reporting Obligation) Act shall be observed. 67. The client will receive the personal data of the aspiring employee, employee and/or specialist from the contractor. If the client decides not to pursue the quote offered, the client shall destroy the personal data received within 1 (one) week. 78. If the client is obliged under law at the start of a consultancy assignment or assignment to verify the identity of the specialist, sub-contractor or employee, the client shall do this based on an original identity document which states the nationality of the employee. This identity document must be carefully checked for veracity and validity. 89. The client shall handle the personal data of the specialist, sub-contractor or employee as communicated within the framework of the agreement as confidential. 910. The client explicitly declares familiarity with the valid laws and regulations governing the processing of personal data. The client shall only use the personal data acquired from the contractor for the purpose for which it has been acquired, not retain them longer than as permitted by laws and regulations and ensure the proper security of such personal data. The client shall, moreover, only process such personal data in accordance with the provisions of the applicable privacy laws and regulations. 1011. The contractor is not liable for fines or claims incurred by the client because it has not complied with its obligations as stated in this article. 1112. The client indemnifies the contractor for fines incurred due to non-compliance with the obligations stated in this article.