Data Privacy Data Security Clause Samples
A Data Privacy/Data Security clause establishes the obligations of parties to protect personal and sensitive information exchanged or processed under an agreement. It typically outlines requirements for safeguarding data, such as implementing technical and organizational measures, complying with relevant privacy laws, and notifying the other party in the event of a data breach. This clause is essential for ensuring that confidential or regulated data is handled responsibly, reducing the risk of unauthorized access or misuse, and helping parties comply with legal and regulatory standards.
Data Privacy Data Security. (a) The IT Assets owned, used, or held for use by each Company (i) are sufficient for the current needs of the business of such Company in all material respects, (ii) have not materially malfunctioned or failed within the past three (3) years and (iii) to the knowledge of the Seller, are free from any material viruses, worms, Trojan horses, bugs, faults or other devices, errors, contaminants, spyware and any other disabling or malicious code.
(i) No Company has experienced any unauthorized access to or other breach of security with respect to its IT Assets, Personal Information, trade secrets or other confidential information; (ii) each Company has complied in all material respects with all applicable Laws, all contractual obligations applicable to a Company, and with its own respective privacy policies (“Privacy Policies”), in each case, relating to the collection, storage, use, disclosure, transfer or other processing of any Personal Information, any other confidential information under its possession or control; (iii) no Company has received a written complaint from any Governmental Authority or any other third party regarding its collection, storage, use, disclosure or transfer of Personal Information, any other confidential information under its possession or control, that is pending or unresolved and, to the knowledge of Seller, there are no facts or circumstances that would give rise to any such complaints; and (iv) each Company has implemented, and operates in material compliance with, reasonably designed security measures, consistent with industry standards, to protect its IT Assets, any Personal Information, and any confidential information under its possession or control from any use or access that would violate applicable Law, the Privacy Policies or any contractual obligations applicable to a Company.
Data Privacy Data Security