Common use of DATA PROTECTION AND DATA PROCESSING Clause in Contracts

DATA PROTECTION AND DATA PROCESSING. 27.1. The Client and Clearvision acknowledge that for the purposes of the Data Protection Legislation, the Client is the Data Controller and Clearvision is the Data Processor in respect of the Client Data. 27.2. Clearvision shall process the Client Data only in accordance with the Client's instructions from time to time and shall not process the Client Data for any purposes other than those expressly authorised by the Client. 27.3. Clearvision shall take reasonable steps to ensure the reliability of all its employees who have access to the Client Data. 27.4. Each Party warrants to the other that it will process the Client Data in compliance with all Applicable Law, enactments, regulations, orders, standards and other similar instruments. 27.5. Clearvision warrants that, having regard to the state of technological development and the cost of implementing any measures, it will: 27.5.1. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Data and against the accidental loss or destruction of, or damage to, Client Data to ensure a level of security appropriate to: 27.5.1.1. the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and 27.5.1.2. the nature of the data to be protected. 27.5.2. take reasonable steps to ensure compliance with those measures. 27.6. Each Party agrees to indemnify and keep indemnified and defend at its own expense the other Party against all costs, claims, damages or expenses incurred by the other Party or for which the other Party may become liable due to any failure by the first Party or its employees, consultants, subcontractors or agents to comply with any of its obligations under this Agreement. 27.7. The Client acknowledges that Clearvision is reliant on the Client for direction as to the extent to which Clearvision is entitled to use and process the Client Data. Consequently, Clearvision will not be liable for any claim brought by a Data Subject arising from any action or omission by Clearvision, to the extent that such action or omission resulted directly from the Client's instructions. 27.8. Clearvision may authorise a third party to process the Client Data (“Data Processing Subcontractor”) provided that the Data Processing Subcontractor's contract: 27.8.1. is on terms which are substantially the same as those set out in this Agreement; and 27.8.2. terminates automatically on termination of this Agreement for any reason.

DATA PROTECTION AND DATA PROCESSING. 27.1. 10.1 The Client Customer and Clearvision the Supplier acknowledge that for the purposes of the Data Protection Legislation, the Client Customer is the Data Controller and Clearvision the Supplier is the Data Processor data processor in respect of the Client any Personal Data. 27.2. Clearvision 10.2 The Supplier shall process the Client Personal Data only in accordance with the ClientCustomer's instructions from time to time and shall not process the Client Personal Data for any purposes other than those expressly authorised by the ClientCustomer. 27.3. Clearvision 10.3 The Supplier shall take reasonable steps to ensure the reliability of all its employees who have access to the Client Personal Data. 27.4. 10.4 Each Party party warrants to the other that it will process the Client Personal Data in compliance with all Applicable Lawapplicable laws, enactments, regulations, orders, standards and other similar instruments. 27.5. Clearvision 10.5 The Supplier warrants that, having regard to the state of technological development and the cost of implementing any measures, it will: 27.5.1. 10.5.1 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Personal Data and against the accidental loss or destruction of, or damage to, Client Personal Data to ensure a level of security appropriate to: 27.5.1.1. 10.5.1.1 the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and 27.5.1.2. 10.5.1.2 the nature of the data to be protected.; and 27.5.2. 10.5.2 take reasonable steps to ensure compliance with those measures. 27.6. 10.6 Each Party party agrees to indemnify and keep indemnified and defend at its own expense the other Party party against all costs, claims, damages or expenses incurred by the other Party party or for which the other Party party may become liable due to any failure by the first Party party or its employees, consultants, subcontractors employees or agents to comply with any of its obligations under this Agreementclause 10. 27.7. 10.7 The Client Customer acknowledges that Clearvision the Supplier is reliant on the Client Customer for direction as to the extent to which Clearvision the Supplier is entitled to use and process the Client Personal Data. Consequently, Clearvision the Supplier will not be liable for any claim brought by a Data Subject arising from any action or omission by Clearvisionthe Supplier, to the extent that such action or omission resulted directly from the ClientCustomer's instructions. 27.8. Clearvision 10.8 The Supplier may authorise a third party (sub-contractor) to process the Client Personal Data (“Data Processing Subcontractor”) provided that the Data Processing Subcontractorsub-contractor's contract: 27.8.1. 10.8.1 is on terms which are substantially the same as those set out in this Agreementagreement; and 27.8.2. 10.8.2 terminates automatically on termination of this Agreement agreement for any reason.

DATA PROTECTION AND DATA PROCESSING. 27.1. 11.1 The Client Customer and Clearvision the Supplier acknowledge that for the purposes of the Data Protection LegislationAct 1998, the Client Customer is the Data Controller and Clearvision the Supplier is the Data Processor data processor in respect of the Client any Personal Data. 27.2. Clearvision 11.2 The Supplier shall process the Client Personal Data only in accordance with the ClientCustomer's instructions from time to time and shall not process the Client Personal Data for any purposes other than those expressly authorised by the ClientCustomer. 27.3. Clearvision 11.3 The Supplier shall take reasonable steps to ensure the reliability of all its employees who have access to the Client Personal Data. 27.4. 11.4 Each Party party warrants to the other that it will process the Client Personal Data in compliance with all Applicable Lawapplicable laws, enactments, regulations, orders, standards and other similar instruments. 27.5. Clearvision 11.5 The Supplier warrants that, having regard to the state of technological development and the cost of implementing any measures, it will: 27.5.1. 11.5.1 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Personal Data and against the accidental loss or destruction of, or damage to, Client Personal Data to ensure a level of security appropriate to: 27.5.1.1. (a) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and 27.5.1.2. (b) the nature of the data to be protected.; and 27.5.2. 11.5.2 take reasonable steps to ensure compliance with those measures. 27.6. 11.6 Each Party party agrees to indemnify and keep indemnified and defend at its own expense the other Party party against all costs, claims, damages or expenses incurred by the other Party party or for which the other Party party may become liable due to any failure by the first Party party or its employees, consultants, subcontractors employees or agents to comply with any of its obligations under this Agreementclause 11. 27.7. 11.7 The Client Customer acknowledges that Clearvision the Supplier is reliant on the Client Customer for direction as to the extent to which Clearvision the Supplier is entitled to use and process the Client Personal Data. Consequently, Clearvision the Supplier will not be liable for any claim brought by a Data Subject arising from any action or omission by Clearvisionthe Supplier, to the extent that such action or omission resulted directly from the ClientCustomer's instructions. 27.8. Clearvision 11.8 The Supplier may authorise a third party (subcontractor) to process the Client Personal Data (“Data Processing Subcontractor”) provided that the Data Processing Subcontractorsubcontractor's contract: 27.8.1. 11.8.1 is on terms which are substantially the same as those set out in this Agreementagreement; and 27.8.2. 11.8.2 terminates automatically on termination of this Agreement agreement for any reason.

DATA PROTECTION AND DATA PROCESSING. 27.17.1. The Client Customer and Clearvision the Supplier acknowledge that for the purposes of the Data Protection Legislation, (Jersey) Law 2018 the Client Customer is the Data Controller and Clearvision the Supplier is the Data Processor data processor in respect of the Client Dataany Personal Data held. 27.27.2. Clearvision The Supplier shall process the Client Personal Data only in accordance with the Client's Customer’s instructions from time to time and shall not process the Client Personal Data for any purposes other purpose than those expressly authorised by the ClientCustomer. 27.37.3. Clearvision Supplier shall take reasonable steps to ensure the reliability confidentiality of all its employees who have access to the Client Personal Data. 27.47.4. Each Party party warrants to the other that it will process the Client Personal Data in compliance with all Applicable Lawapplicable laws, enactmentsregulation, regulations, orders, standards and other similar instrumentsrules. 27.57.5. Clearvision The Supplier warrants that, having regard to the state of technological development and the cost costs of implementing any measures, it will: 27.5.17.5.1. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Personal Data and against the accidental loss or destruction of, or damage to, Client Personal Data to ensure a level of security appropriate to: 27.5.1.17.5.1.1. the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and 27.5.1.27.5.1.2. the nature of the data to be protected.; and 27.5.27.5.1.3. take reasonable steps to ensure compliance with those measures. 27.67.6. Each Party party agrees to indemnify and keep indemnified and defend at its own expense the other Party party against all costs, claims, damages or expenses incurred by the other Party party or for which the other Party party may become liable due to any failure by the first Party party or its employees, consultants, subcontractors employees or agents to comply with any of its obligations under this AgreementClause 7. 27.77.7. The Client Customer acknowledges that Clearvision the Supplier is reliant on the Client Customer for direction as to the extent to which Clearvision the Supplier is entitled to use and process the Client Personal Data. Consequently, Clearvision the Supplier will not be liable for any claim brought by a Data Subject arising from any action or omission by Clearvisionthe Supplier, to the extent that such action or omission resulted directly from the Client's Customer’s instructions. 27.87.8. Clearvision The Supplier may authorise a third party (subcontractor) to process the Client Personal Data (“Data Processing Subcontractor”) provided that the Data Processing Subcontractor's subcontractor’s contract: 27.8.17.8.1. is on terms which are substantially the same as those set out in this the Agreement; and 27.8.27.8.2. terminates automatically on termination of this the Agreement for any reason.

DATA PROTECTION AND DATA PROCESSING. 27.1. ‌ 10.1 The Client Customer and Clearvision the Supplier acknowledge that for the purposes of the Data Protection Legislation, the Client Customer is the Data Controller and Clearvision the Supplier is the Data Processor data processor in respect of the Client any Personal Data. 27.2. Clearvision 10.2 The Supplier shall process the Client Personal Data only in accordance with the ClientCustomer's instructions from time to time and shall not process the Client Personal Data for any purposes other than those expressly authorised by the ClientCustomer. 27.3. Clearvision 10.3 The Supplier shall take reasonable steps to ensure the reliability of all its employees who have access to the Client Personal Data. 27.4. 10.4 Each Party party warrants to the other that it will process the Client Personal Data in compliance with all Applicable Lawapplicable laws, enactments, regulations, orders, standards and other similar instruments. 27.5. Clearvision 10.5 The Supplier warrants that, having regard to the state of technological development and the cost of implementing any measures, it will: 27.5.1. 10.5.1 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Personal Data and against the accidental loss or destruction of, or damage to, Client Personal Data to ensure a level of security appropriate to: 27.5.1.1. 10.5.1.1 the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and 27.5.1.2. 10.5.1.2 the nature of the data to be protected.; and 27.5.2. 10.5.2 take reasonable steps to ensure compliance with those measures. 27.6. 10.6 Each Party party agrees to indemnify and keep indemnified and defend at its own expense the other Party party against all costs, claims, damages or expenses incurred by the other Party party or for which the other Party party may become liable due to any failure by the first Party party or its employees, consultants, subcontractors employees or agents to comply with any of its obligations under this Agreementclause 10. 27.7. 10.7 The Client Customer acknowledges that Clearvision the Supplier is reliant on the Client Customer for direction as to the extent to which Clearvision the Supplier is entitled to use and process the Client Personal Data. Consequently, Clearvision the Supplier will not be liable for any claim brought by a Data Subject arising from any action or omission by Clearvisionthe Supplier, to the extent that such action or omission resulted directly from the ClientCustomer's instructions. 27.8. Clearvision 10.8 The Supplier may authorise a third party (sub-contractor) to process the Client Personal Data (“Data Processing Subcontractor”) provided that the Data Processing Subcontractorsub-contractor's contract: 27.8.1. 10.8.1 is on terms which are substantially the same as those set out in this Agreementagreement; and 27.8.2. 10.8.2 terminates automatically on termination of this Agreement agreement for any reason.