Common use of CONFIDENTIALITY, ARCHIVING, DATA PROTECTION Clause in Contracts

CONFIDENTIALITY, ARCHIVING, DATA PROTECTION. Advisor undertakes to hold in strict confidence any information, in particular without limitation scientific, technical or commercial information relating to the business, products or research of the Consortium, which becomes known to Advisor during the course of this collaboration, together with any information regarding the Action and all results of the cooperation with the Consortium, to use such information and results only for the purposes of this Agreement, and not to disclose such information or results to any third party without a prior written consent of the Consortium. The foregoing restrictions on use and disclosure will not apply to any of such information which: (a) at the time of receipt by Advisor is available to the public; or (b) becomes public knowledge other than by an act or omission on the part of Advisor; or (c) which Advisor can prove was known to Advisor before the date of its disclosure to Advisor by the Consortium; or (d) is legally acquired by Advisor from a third party not bound to Consortium or any of its Participants by any express or implied obligation of secrecy, or (e) Advisor can prove was developed independently by him/her without reference to or use of the information. Furthermore, Advisor may disclose such information to the extent that such disclosure is required to comply with law or an enforceable judicial order, provided, however, that Advisor shall give reasonable advance notice to the Consortium and on request, shall cooperate with the Consortium to seek a protective order or other appropriate remedy. The Advisor will use his/her reasonable efforts to secure confidential treatment of any such information that will be disclosed. Information shall not be deemed to be or have become public knowledge merely because any part of such Information is embodied in general disclosures or because individual features, components or combinations thereof are known or become known to the public. Advisor agrees to duly preserve all information and documentation provided to Advisor and to ensure that no third parties gain access thereto. Any documentation provided must be returned to the Consortium at Consortium’s request during the term of this Agreement, and shall be returned to the Consortium, without being asked, upon the termination of this Agreement. This confidentiality and non-use obligation shall remain in effect for ten (10) years after the Consortium Agreement expires or is terminated. [To be checked if this is in line with the Consortium Agreement] In the event the performance of Services or the preparation thereof requires Advisor to use or process any personal data, Advisor agrees to use such personal data only for the Services provided hereunder and in compliance with applicable data protection laws.

CONFIDENTIALITY, ARCHIVING, DATA PROTECTION. Advisor undertakes to hold in strict confidence any information, in particular without limitation scientific, technical or commercial information relating to the business, products or research of the Consortium, which becomes known to Advisor during the course of this collaboration, together with any information regarding the Action and all results of the cooperation with the Consortium, to use such information and results only for the purposes of this Agreement, and not to disclose such information or results to any third party without a prior written consent of the Consortium. The foregoing restrictions on use and disclosure will not apply to any of such information which: (a) at the time of receipt by Advisor is available to the public; or (b) becomes public knowledge other than by an act or omission on the part of Advisor; or (c) which Advisor can prove was known to Advisor before the date of its disclosure to Advisor by the Consortium; or (d) is legally acquired by Advisor from a third party not bound to Consortium or any of its Participants by any express or implied obligation of secrecy, or (e) Advisor can prove was developed independently by him/her without reference to or use of the information. Furthermore, Advisor may disclose such information to the extent that such disclosure is required to comply with law or an enforceable judicial order, provided, however, that Advisor shall give reasonable advance notice to the Consortium and on request, shall cooperate with the Consortium to seek a protective order or other appropriate remedy. The Advisor will use his/her reasonable efforts to secure confidential treatment of any such information that will be disclosed. Information shall not be deemed to be or have become public knowledge merely because any part of such Information is embodied in general disclosures or because individual features, components or combinations thereof are known or become known to the public. Advisor agrees to duly preserve all information and documentation provided to Advisor and to ensure that no third parties gain access thereto. Any documentation provided must be returned to the Consortium at Consortium’s request during the term of this Agreement, and shall be returned to the Consortium, without being asked, upon the termination of this Agreement. This confidentiality and non-use obligation shall remain in effect for ten (10) years after the Consortium Agreement expires or is terminated. [To be checked if this is in line with the Consortium Agreement] In the event the performance of Services or the preparation thereof requires Advisor to use or process any personal data, Advisor agrees to use such personal data only for the Services provided hereunder and in compliance with applicable data protection laws.

CONFIDENTIALITY, ARCHIVING, DATA PROTECTION. Advisor undertakes to hold in strict confidence any information, in particular without limitation scientific, technical or commercial information relating to the business, products or research of the Consortium, which becomes known to Advisor during the course of this collaboration, together with any information regarding the Action and all results of the cooperation with the Consortium, to use such information and results only for the purposes of this Agreement, and not to disclose such information or results to any third party without a prior written consent of the Consortium. The foregoing restrictions on use and disclosure will not apply to any of such information which: (a) at the time of receipt by Advisor is available to the public; or (b) becomes public knowledge other than by an act or omission on the part of Advisor; or (c) which Advisor can prove was known to Advisor before the date of its disclosure to Advisor by the Consortium; or (d) is legally acquired by Advisor from a third party not bound to Consortium or any of its Consortium Participants by any express or implied obligation of secrecy, or (e) Advisor can prove was developed independently by him/her without reference to or use of the information. Furthermore, Advisor may disclose such information to the extent that such disclosure is required to comply with law or an enforceable judicial order, provided, however, that Advisor shall give reasonable advance notice to the Consortium and on request, shall cooperate with the Consortium to seek a protective order or other appropriate remedy. The Advisor will use his/her reasonable efforts to secure confidential treatment of any such information that will be disclosed. Information shall not be deemed to be or have become public knowledge merely because any part of such Information is embodied in general disclosures or because individual features, components or combinations thereof are known or become known to the public. Advisor agrees to duly preserve all information and documentation provided to Advisor and to ensure that no third parties gain access thereto. Any documentation provided must be returned to the Consortium at Consortium’s request during the term of this Agreement, and shall be returned to the Consortium, without being asked, upon the termination of this Agreement. This confidentiality and non-use obligation shall remain in effect for ten (10) years after the Consortium Agreement Action expires or is terminated. [To be checked if this is in line with the Consortium Agreement] In the event the performance of Services or the preparation thereof requires Advisor to use or process any personal data, Advisor agrees to use such personal data only for the Services provided hereunder and in compliance with applicable data protection laws., and therefore the Advisor shall: process the personal data exclusively in the name of and in accordance with the documented instructions (in so far needed under the applicable legislation) of the controller, including with regard to the transfer of personal data to a third country unless required to do so by applicable law to which the Advisor as processor is subject; in such a case, the Advisor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest not acquire any rights with respect to the personal data; ensure that its employees dealing with the processing of personal data are obliged to data secrecy in writing and that they are informed about the applicable obligations under the Data Protection Legislation and applicable contractual provisions regarding data protection and that they will act in accordance with those obligations and provisions

CONFIDENTIALITY, ARCHIVING, DATA PROTECTION. Advisor undertakes to hold in strict confidence any information, in particular without limitation scientific, technical or commercial information relating to the business, products or research of the Consortium, which becomes known to Advisor during the course of this collaboration, together with any information regarding the Action and all results of the cooperation with the Consortium, to use such information and results only for the purposes of this Agreement, and not to disclose such information or results to any third party without a prior written consent of the Consortium. The foregoing restrictions on use and disclosure will not apply to any of such information which: (a) at the time of receipt by Advisor is available to the public; or (b) becomes public knowledge other than by an act or omission on the part of Advisor; or (c) which Advisor can prove was known to Advisor before the date of its disclosure to Advisor by the Consortium; or (d) is legally acquired by Advisor from a third party not bound to Consortium or any of its Participants Beneficiaries by any express or implied obligation of secrecy, or (e) Advisor can prove was developed independently by him/her without reference to or use of the information. Furthermore, Advisor may disclose such information to the extent that such disclosure is required to comply with law or an enforceable judicial order, provided, however, that Advisor shall give reasonable advance notice to the Consortium and on request, shall cooperate with the Consortium to seek a protective order or other appropriate remedy. The Advisor will use his/her reasonable efforts to secure confidential treatment of any such information that will be disclosed. Information shall not be deemed to be or have become public knowledge merely because any part of such Information is embodied in general disclosures or because individual features, components or combinations thereof are known or become known to the public. Advisor agrees to duly preserve all information and documentation provided to Advisor and to ensure that no third parties gain access thereto. Any documentation provided must be returned to the Consortium at Consortium’s request during the term of this Agreement, and shall be returned to the Consortium, without being asked, upon the termination of this Agreement. This confidentiality and non-use obligation shall remain in effect for ten (10) years after the Consortium Agreement Action expires or is terminated. [To be checked if this is in line with the Consortium Agreement] In the event the performance of Services or the preparation thereof requires Advisor to use or process any personal data, Advisor agrees to use such personal data only for the Services provided hereunder and in compliance with applicable data protection laws., and therefore the Advisor shall: process the personal data exclusively in the name of and in accordance with the documented instructions (in so far needed under the applicable legislation) of the controller, including with regard to the transfer of personal data to a third country unless required to do so by applicable law to which the Advisor as processor is subject; in such a case, the Advisor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest not acquire any rights with respect to the personal data; ensure that its employees dealing with the processing of personal data are obliged to data secrecy in writing and that they are informed about the applicable obligations under the Data Protection Legislation and applicable contractual provisions regarding data protection and that they will act in accordance with those obligations and provisions