Common use of CONFIDENTIALITY, SECURITY AND USE OF DOCUMENTS, INFORMATION etc Clause in Contracts

CONFIDENTIALITY, SECURITY AND USE OF DOCUMENTS, INFORMATION etc. Applicable DEFCON: DEFCON 659 – Security Measures DEFCON 532A – Protection of Personal Data (Where Personal Data is not being processed on behalf of the Authority) DEFCON 532B - Protection of Personal Data (Where Personal Data is being processed on behalf of the Authority) 19.1 The contents of the Contract shall be maintained in confidence by the Parties and neither Party shall make any disclosure thereof to a third party without the prior written consent of the other Party. The Contractor shall treat the Contract in accordance with its procedures relating to documents rated as "In Strict Confidence" and the Authority shall treat the Contract in accordance with its procedures for documents rated "Commercial in Confidence". When not in use the Contract shall be kept under lock and key. 19.2 The Contractor shall at all times comply with national security requirements notified to them by the Authority in relation to the Residual Assets. Classified information and material shall be treated in accordance with DEFCON 659 (Edition 06/09) Security Measures. The inclusion of DEFCON 659 confirms the Contractor’s ability to hold, for the purposes of sale and/or disposal, surplus materiel and equipment designated as Confidential (or above by mutual agreement). DEFCON 659 identifies the Contractor’s responsibilities and obligations for this materiel whilst in their custody. Any sales of this materiel shall only be made to customers who are in receipt of the same permissions from the Authority, or, in the case of Overseas Governments, following completion of the F680 procedure and issue of subsequent export licence. Similarly, recovery or disposal should be conducted in a secure manner using companies who also have the same permissions of the Authority. In accordance with DEFCON 659, detailed records shall be maintained by the Contractor to demonstrate final disposal, and these records shall be subject to periodic audit by the Authority. 19.3 All Handbooks, Specifications, Drawings and Documentation issued by the Authority are for the sole purpose of defining the standards of manufacture, overhaul, repair or installation for the British Armed Services. The Authority therefore, accepts no liability, whether in contract or in tort, for loss or damage, whether or not caused by negligence, arising from the use of the Handbooks, Specifications, Drawings or Documentation for the performance of any work which is not under Authority control or contract on behalf of the British Armed Services. 19.4 All information released under the Contract is released for information purposes only and may be subject to privately owned rights and is to be treated as disclosed in confidence. The Contractor shall use their best endeavours to ensure that this information is not dealt with in any manner likely to prejudice the rights of any owner thereof to obtain patent or other statutory protection thereof. As encompassed under Defence Condition 659 (Edn 06/09) Contractor’s attention is drawn to the provisions of the Official Secrets Acts 1911 and 1989 and JSP440 Defence Manual of Security (March 2012 Issue 4 or later) throughout the duration of the contract concerning requirement for Baseline Personnel Security Standard (BPSS) for Contractors’ Employees including subcontractors: Those who need unsupervised access to CONFIDENTIAL material of UK origin, or unsupervised access to the MoD estate require BPSS clearance.

CONFIDENTIALITY, SECURITY AND USE OF DOCUMENTS, INFORMATION etc. Applicable DEFCON: DEFCON 659 – Security Measures DEFCON 532A – Protection of Personal Data (Where Personal Data is not being processed on behalf of the Authority) DEFCON 532B - Protection of Personal Data (Where Personal Data is being processed on behalf of the Authority)Measures 19.1 The contents of the Contract shall be maintained in confidence by the Parties and neither Party shall make any disclosure thereof to a third party without the prior written consent of the other Party. The Contractor shall treat the Contract in accordance with its procedures relating to documents rated as "In Strict Confidence" and the Authority shall treat the Contract in accordance with its procedures for documents rated "Commercial in Confidence". When not in use the Contract shall be kept under lock and key. 19.2 The Contractor shall at all times comply with national security requirements notified to them by the Authority in relation to the Residual Assets. Classified information and material shall be treated in accordance with DEFCON 659 (Edition 06/09) Security Measures. The inclusion of DEFCON 659 confirms the Contractor’s ability to hold, for the purposes of sale and/or disposal, surplus materiel and equipment designated as Confidential (or above by mutual agreement). DEFCON 659 identifies the Contractor’s responsibilities and obligations for this materiel whilst in their custody. Any sales of this materiel shall only be made to customers who are in receipt of the same permissions from the Authority, or, in the case of Overseas Governments, following completion of the F680 procedure and issue of subsequent export licence. Similarly, recovery or disposal should be conducted in a secure manner using companies who also have the same permissions of the Authority. In accordance with DEFCON 659, detailed records shall be maintained by the Contractor to demonstrate final disposal, and these records shall be subject to periodic audit by the Authority. 19.3 All Handbooks, Specifications, Drawings and Documentation issued by the Authority are for the sole purpose of defining the standards of manufacture, overhaul, repair or installation for the British Armed Services. The Authority therefore, accepts no liability, whether in contract or in tort, for loss or damage, whether or not caused by negligence, arising from the use of the Handbooks, Specifications, Drawings or Documentation for the performance of any work which is not under Authority control or contract on behalf of the British Armed Services. 19.4 All information released under the Contract is released for information purposes only and may be subject to privately owned rights and is to be treated as disclosed in confidence. The Contractor shall use their best endeavours to ensure that this information is not dealt with in any manner likely to prejudice the rights of any owner thereof to obtain patent or other statutory protection thereof. As encompassed under Defence Condition 659 (Edn 06/09) . 19.5 The Contractor’s attention is drawn to the provisions of the Official Secrets Acts 1911 and 1989 1939 in general and JSP440 Defence Manual to the provisions of Security (March 2012 Issue 4 or later) throughout the duration Section 2 of the contract concerning requirement for Baseline Personnel Security Standard Official Secrets Act 1911 (BPSSas emended by the Act of 1920) for Contractors’ Employees including subcontractors: Those who need unsupervised access to CONFIDENTIAL material of UK origin, or unsupervised access to the MoD estate require BPSS clearancein particular.