Common use of Data Practices Clause in Contracts

Data Practices. Consultant, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If Consultant creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the MPRB pursuant to this Contract, then Consultant must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Consultant agrees to defend, indemnify and hold harmless the MPRB, its officials, officers, agents, employees, and volunteers from any claims resulting from Consultant’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Consultant agrees to promptly notify the MPRB if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Contract.

Data Practices. ConsultantThe Parties, its and any Contractor under contract with the Governing Board, including their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act (HIPAA) and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. If Consultant the Contractor creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the MPRB pursuant to this ContractAgreement, then Consultant the Contractor must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Consultant agrees The Contractor must agree to defend, indemnify and hold harmless the MPRBParties, its their officials, officers, agents, employees, and volunteers from any claims resulting from ConsultantContractor’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Consultant The Contractor agrees to promptly notify the MPRB Administrative Agent if it becomes aware of any potential claims, or facts giving rise to such claimssuch, under the MGDPA. The terms of this section shall survive the cancellation or termination of this ContractJoint Powers Agreement and the agreement with any Contractor.

Data Practices. Consultant‌ CONSULTANT, its officers, agents, owners, partners, employees, volunteers and subcontractors subconsultants shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, ) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and/or the Health Information Technology for Economic and Clinical Health Act (HITECH), adopted as part of the American Recovery and Reinvestment Act of 2009. CONSULTANT acknowledges and agrees that classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” does not necessarily make it so. If Consultant CONSULTANT creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the MPRB COUNTY pursuant to this ContractAgreement, then Consultant CONSULTANT must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Consultant agrees to defend, indemnify and hold harmless the MPRB, its officials, officers, agents, employees, and volunteers from any claims resulting from Consultant’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Consultant CONSULTANT agrees to promptly notify the MPRB COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the expiration, cancellation or termination of this ContractAgreement.

Data Practices. ConsultantCONSULTANT, its officers, agents, owners, partners, employees, volunteers and subcontractors subconsultants shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, ) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and/or the Health Information Technology for Economic and Clinical Health Act (HITECH), adopted as part of the American Recovery and Reinvestment Act of 2009. CONSULTANT acknowledges and agrees that classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” does not necessarily make it so. If Consultant CONSULTANT creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the MPRB COUNTY pursuant to this ContractAgreement, then Consultant CONSULTANT must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Consultant agrees to defend, indemnify and hold harmless the MPRB, its officials, officers, agents, employees, and volunteers from any claims resulting from Consultant’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Consultant CONSULTANT agrees to promptly notify the MPRB COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the expiration, cancellation or termination of this ContractAgreement.

Data Practices. ConsultantLGU, its officers, agents, owners, partners, employees, volunteers and subcontractors subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If Consultant LGU creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the MPRB COUNTY pursuant to this ContractAgreement, then Consultant LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Consultant LGU agrees to defend, indemnify and hold harmless the MPRBCOUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from ConsultantLGU’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractorssubLGUs’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Consultant LGU agrees to promptly notify the MPRB COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this ContractAgreement.