Common use of Data Protection and Human Rights Clause in Contracts

Data Protection and Human Rights. 6.1 The use and disclosure of any Personal Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 and the Human Rights Xxx 0000. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. 6.2 The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 The Parties undertake to comply with the provisions of the Data Protection Act 1998 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 The receipt by the Data Processor from any Data Subject of a request to access to the Data covered by this Agreement must be reported immediately to the person nominated below representing the Data Controller, who will arrange the relevant response to that request. 6.5 If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 any duty of confidentiality owed to the other individual; 6.6.2.2 any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 whether the other individual is capable of giving consent; 6.6.2.4 any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor receives a request for information under the provisions of the Freedom of Information Xxx 0000 in respect of information provided by or relating to the Data Controller, the Data Processor will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000, that Party will contact the person nominated below to ascertain whether or not to comply with that Notice. 6.10 The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-ordination of subject rights and Freedom of Information: 6.11 The Data Processor shall give reasonable assistance as is necessary to the Data Controller in order to enable him to: 6.11.1 Comply with request for subject access from the Data Subjects; 6.11.2 Respond to Information Notices served upon him by the Information Commissioner; 6.11.3 Respond to complaints from Data Subjects; 6.11.4 Investigate any breach or alleged breach of the Act; in accordance with his statutory obligations under the Data Protection Xxx 0000. 6.12 On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement

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Data Protection and Human Rights. 6.1 6.1. The use and disclosure of any Personal Data comprising the NWN Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 Act and the Human Rights Xxx 0000. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. 6.2 6.2. Save where the NWN Data is provided to VISAV directly by NWN, VISAV shall be responsible for ensuring that it has obtained the appropriate consents from Data Subjects. 6.3. The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement Purpose and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 6.4. The Parties undertake to comply with the provisions of the Data Protection Act 1998 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 6.5. The receipt by the Data Processor VISAV from any Data Subject of a request to for access to the Data covered by this Agreement Agreement, or any complaint regarding the processing or use of Personal Data, must be reported immediately to the person nominated in clause 6.10 below representing the Data ControllerNWN (or such other person as is notified by NWN to VISAV from time to time), who will arrange the relevant response to that request. 6.5 6.6. If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 Act and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 6.7. It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 6.7.1. the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 6.7.2. it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 6.7.2.1. any duty of confidentiality owed to the other individual; 6.6.2.2 6.7.2.2. any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 6.7.2.3. whether the other individual is capable of giving consent; 6.6.2.4 6.7.2.4. any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor receives a request for information under the provisions of the Freedom of Information Xxx 0000 in respect of information provided by or relating to the Data Controller, the Data Processor will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 6.8. Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000Act, that Party will contact the person nominated below in clause 6.10 below (or such other person as is notified by the relevant Party in writing from time to time) and the Parties will co-operate with each other to ascertain whether or not to comply with that Notice, having due regard to the representations of the other Party. 6.10 6.9. The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-ordination coordination of subject rights and Freedom of Information:: Nominated Post holders Senior Manager of Communications and Digital NWN & Xxxx Xxxxxxx, VISAV 6.11 The Data Processor 6.10. VISAV shall give reasonable assistance as is necessary to the Data Controller NWN in order to enable him NWN to: 6.11.1 6.10.1. Comply with request requests for subject access from the Data Subjects; 6.11.2 6.11.2. Respond to Information Notices served upon him it by the Information Commissioner; 6.11.3 6.11.3. Respond to complaints from Data Subjects; 6.11.4 6.11.4. Investigate any breach or alleged breach of the Act; Act in accordance with his its statutory obligations as a Data Controller under the Data Protection Xxx 0000Act. 6.12 6.11. On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement

Data Protection and Human Rights. 6.1 The use and disclosure of any Personal Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 EU GDPR and the Human Rights Xxx 0000Act 1998 and any other applicable laws and regulations in the performance of this Contract. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. Policy in Practice is registered with the Information Commissioner’s Office (registration number ZA006797), in place continuously since 2013. 6.2 The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 The Parties undertake to comply with the provisions of the Data Protection Act 1998 EU GDPR May 2018 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 The receipt by the Data Processor Policy in Practice from any Data Subject of a request to have access to the Data covered by this Agreement Agreement, or of any other Data Subject request, must be reported immediately to the person nominated below representing the Data Controller, who will arrange the relevant response to that request. 6.5 If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 EU GDPR and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 any duty of confidentiality owed to the other individual; 6.6.2.2 any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 whether the other individual is capable of giving consent; 6.6.2.4 any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor Policy in Practice receives a request for information under the provisions of the Freedom of Information Xxx 0000 in respect of information provided by or relating to the Data Controller, the Data Processor Policy in Practice will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000an objection to processing subject request, that Party will contact the person nominated below to ascertain whether or not to comply with that Noticerequest. 6.10 The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-ordination of subject rights and Freedom of Information:: NOMINATED POST HOLDER ROLE ORGANISATION _ Data Controller (nominated representative) _ Council Xxx Xxxxxxxxxxxx Project Manager Policy in Practice Xxxxx Xxxxxxx Data Processor Policy In Practice 6.11 The Data Processor Policy in Practice shall give reasonable assistance as is necessary to the Data Controller in order to enable him to: 6.11.1 Comply with request for subject access requests from the Data Subjects; 6.11.2 Respond to Information Notices served upon him by the Information Commissioner; 6.11.3 Respond to complaints from Data Subjects; 6.11.4 Investigate any breach or alleged breach of the Act; in accordance with his statutory obligations under the Data Protection Xxx 0000EU GDPR. 6.12 On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Sharing Agreement

Data Protection and Human Rights. 6.1 The use and disclosure of any Personal Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 and the Human Rights Xxx 0000. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. 6.2 The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 The Parties undertake to comply with the provisions of the Data Protection Act 1998 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 The receipt by the Data Processor from any Data Subject of a request to access to the Data covered by this Agreement must be reported immediately to the person nominated below representing the Data Controller, who will arrange the relevant response to that request. 6.5 If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 any duty of confidentiality owed to the other individual; 6.6.2.2 any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 whether the other individual is capable of giving consent; 6.6.2.4 any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor receives a request for information under the provisions of the Freedom of Information Xxx 0000 in respect of information provided by or relating to the Data Controller, the Data Processor will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000, that Party will contact the person nominated below to ascertain whether or not to comply with that Notice. 6.10 The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-co- ordination of subject rights and Freedom of Information:: Nominated Post holder Role Organisation <<Client Manager>> <<ROLE>> <<CLIENT NAME>> Data Controller Project Manager Xxxxx Xxxxxxx Data Processor & Project Manager Policy In Practice 6.11 The Data Processor shall give reasonable assistance as is necessary to the Data Controller in order to enable him to: 6.11.1 Comply with request for subject access from the Data Subjects; 6.11.2 Respond to Information Notices served upon him by the Information Commissioner; 6.11.3 Respond to complaints from Data Subjects; 6.11.4 Investigate any breach or alleged breach of the Act; in accordance with his statutory obligations under the Data Protection Xxx 0000. 6.12 On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement

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Data Protection and Human Rights. 6.1 The use and disclosure of any Personal Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 EU GDPR and the Human Rights Xxx 0000Act 1998 and any other applicable laws and regulations in the performance of this Contract. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. Policy in Practice is registered with the Information Commissioner’s Office (registration number ZA006797), in place continuously since 2013. 6.2 The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 The Parties undertake to comply with the provisions of the Data Protection Act 1998 EU GDPR May 2018 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 The receipt by the Data Processor from any Data Subject of a request to have access to the Data covered by this Agreement Agreement, or of any other Data Subject request, must be reported immediately to the person nominated below representing the Data Controller, who will arrange the relevant response to that request. 6.5 If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 EU GDPR and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 any duty of confidentiality owed to the other individual; 6.6.2.2 any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 whether the other individual is capable of giving consent; 6.6.2.4 any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 Act 2000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor receives a request for information under the provisions of the Freedom of Information Xxx 0000 Act 2000 in respect of information provided by or relating to the Data Controller, the Data Processor will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000an objection to processing subject request, that Party will contact the person nominated below to ascertain whether or not to comply with that Noticerequest. 6.10 The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-ordination of subject rights and Freedom of Information:: NOMINATED POST HOLDER ROLE ORGANISATION Data Controller (nominated representative) Council Xxx Xxxxxxxxxxxx Project Manager Policy in Practice Xxxxx Xxxxxxx Data Processor Policy In Practice 6.11 The Data Processor shall give reasonable assistance as is necessary to the Data Controller in order to enable him to: 6.11.1 Comply with request for subject access requests from the Data Subjects; 6.11.2 Respond to Information Notices served upon him by the Information Commissioner; 6.11.3 Respond to complaints from Data Subjects; 6.11.4 Investigate any breach or alleged breach of the Act; in accordance with his statutory obligations under the Data Protection Xxx 0000EU GDPR. 6.12 On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement

Data Protection and Human Rights. 6.1 The use and disclosure of any Personal Data shall be in accordance with the obligations imposed upon the Parties to this Agreement by the Data Protection Xxx 0000 EU GDPR and the Human Rights Xxx 0000Act 1998 and any other applicable laws and regulations in the performance of this Contract. All relevant codes of practice or data protection operating rules adopted by the Parties will also reflect the data protection practices of each of the parties to this Agreement. Policy in Practice is registered with the Information Commissioner’s Office (registration number ZA006797), in place continuously since 2013. 6.2 The Parties agree and declare that the information accessed pursuant to this Agreement will be used and processed with regard to the rights and freedoms enshrined within the European Convention on Human Rights. Further, the Parties agree and declare that the provision of information is proportional, having regard to the purposes of the Agreement and the steps taken in respect of maintaining a high degree of security and confidentiality. 6.3 The Parties undertake to comply with the provisions of the Data Protection Act 1998 EU GDPR May 2018 and to notify as required any particulars as may be required to the Information Commissioner. 6.4 The receipt by the Data Processor from any Data Subject of a request to have access to the Data covered by this Agreement Agreement, or of any other Data Subject request, must be reported immediately to the person nominated below representing the Data Controller, who will arrange the relevant response to that request. 6.5 If any Party receives a request under the subject access provisions of the Data Protection Xxx 0000 EU GDPR and personal data is identified as belonging to another Party, the receiving Party will contact the other Party to determine if the latter wishes to claim an exemption under the provisions of the Act. 6.6 It is acknowledged that where a Data Controller cannot comply with a request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request, unless; 6.6.1 the other individual has consented to the disclosure of the information to the person making the request; or 6.6.2 it is reasonable in all the circumstances to comply with the request without the consent of the other individual. In determining whether it is reasonable, regard shall be had, in particular, to:- 6.6.2.1 any duty of confidentiality owed to the other individual; 6.6.2.2 any steps taken by the data controller with a view to seeking consent of the other individual; 6.6.2.3 whether the other individual is capable of giving consent; 6.6.2.4 any express refusal of consent by the other individual. 6.7 If any Party receives a request for information under the provisions of the Freedom of Information Xxx 0000 identified as belonging to another Party, the receiving Party will contact the other Party to determine whether the latter wishes to claim an exemption under the provisions of that Act. 6.8 Where the Data Processor receives a request for information under the provisions of the Freedom of Information Xxx 0000 in respect of information provided by or relating to the Data Controller, the Data Processor will contact the person nominated below to ascertain whether the Data Controller wishes to claim any exemption including the determination of whether or not the Data Controller wishes to issue a response neither to confirm nor deny that information is held. 6.9 Where any Party receives a Notice under Section 10 of the Data Protection Xxx 0000an objection to processing subject request, that Party will contact the person nominated below to ascertain whether or not to comply with that Noticerequest. 6.10 The following personnel are authorised by the Parties to assume responsibility for data protection compliance, notification, security, confidentiality, audit and co-ordination of subject rights and Freedom of Information:: NOMINATED POST HOLDER ROLE ORGANISATION _ Data Controller (nominated representative) _ Council Xxx Xxxxxxxxxxxx Project Manager Policy in Practice Xxxxx Xxxxxxx Data Processor Policy In Practice 6.11 The Data Processor shall give reasonable assistance as is necessary to the Data Controller in order to enable him to: 6.11.1 Comply with request for subject access requests from the Data Subjects; 6.11.2 Respond to Information Notices served upon him by the Information Commissioner; 6.11.3 Respond to complaints from Data Subjects; 6.11.4 Investigate any breach or alleged breach of the Act; in accordance with his statutory obligations under the Data Protection Xxx 0000EU GDPR. 6.12 On reasonable notice, periodic checks may be conducted by the Data Controller to confirm compliance with this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement

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