Data Protection Measures Sample Clauses

Data Protection Measures. Except as would not reasonably be expected to have a Material Adverse Effect: (a) the Pledgor has not experienced any Cyber Security Incidents related to personal data, material confidential Pledgor data, or information technology, in each case, which would require notification of individuals, other affected parties, law enforcement, or any Governmental Authority; (b) the Pledgor has not received any subpoenas, demands, or other notices from any Governmental Authority investigating, inquiring into, or otherwise relating to any actual or potential violation of any Data Protection Laws or Cyber Security Incident and, to the knowledge of the Pledgor, the Pledgor is not under investigation by any Governmental Authority for any actual or potential violation of any Data Protection Laws or Cyber Security Incidents; (c) no notice, complaint, claim, enforcement action, proceeding, or litigation, has been served on, or initiated against the Pledgor or any of its directors, officers, employees or agents (in their capacity as such) by any Person or Governmental Authority under any Data Protection Laws; and (d) the execution, delivery and performance of this Agreement shall not cause, constitute, or result in a breach or violation of any Data Protection Laws or any terms of service or privacy policy entered into by the users of Pledgor’s services.
Data Protection Measures. Except as set forth on Schedule 3.24 and except as has not resulted in and would not reasonably be expected to have a Material Adverse Effect, (a) Borrower has not in the past 2 years experienced any Cyber Security Incidents related to personal data, material confidential Borrower data, or information technology, in each case, that would require notification of individuals, other affected parties, law enforcement, or any Governmental Authority, (b) Borrower has not in the past 2 years received any subpoenas, demands, or other notices from any Governmental Authority investigating, inquiring into, or otherwise relating to any actual or potential violation of any Data Protection Laws or Cyber Security Incident and, to the knowledge of Borrower, Borrower is not under investigation by any Governmental Authority for any actual or potential violation of any Data Protection Laws or Cyber Security Incidents, (c) in the past 2 years, no notice, complaint, claim, enforcement action, proceeding, or litigation, has been served on, or initiated against Borrower or any of its directors, officers, employees or agents (in their capacity as such) by any Person or Governmental Authority under any Data Protection Laws, and (d) the execution, delivery and performance of this Agreement shall not cause, constitute, or result in a breach or violation of any Data Protection Laws or any terms of service or privacy policy entered into by the users of Borrower’s services, including use of the [*] GPU Servers and [*] GPU Servers.
Data Protection Measures. 1Both the parties undertake that they will undertake all the measures necessary to protect data from various attacks which include but are not limited to Phishing, Hacking, Cyber attacks etc. This may include using encryption, data protection software, firewalls etc. to protect sensitive Data. In case the Vendor fails to take measures necessary for protecting both the Host’s data or any other Customer’s data then they may be liable for any liability that may arise due to such failure.
Data Protection Measures. Specify if anything additional to the clauses in this contract or non-routine. If data processing is a significant part of the contractor, include a Data Processing or Sharing Agreement as Annexe 2 of this contract.
Data Protection Measures. CONTRACTOR agrees to implement appropriate technical and organizational measures to protect any personal data collected or processed during the provision of services. This includes complying with applicable data protection laws and regulations and implementing safeguards to prevent unauthorized access, disclosure, alteration, or destruction of personal data.
Data Protection Measures. Institution represents and warrants that during the term of this Agreement and for as long as Institution is processing the Personal Data, that Institution will maintain a comprehensive privacy and security program. Such program shall at a minimum include the implementation, and use of appropriate administrative, technical and physical security measures, safeguards, procedures, and practices (such as encryption and access management) necessary to protect the confidentiality, integrity, and availability of all Personal Data against a Personal Data Breach. Institution shall ensure a level of security appropriate to the risk as required by applicable law.
Data Protection Measures. 8.1 Pursuant to paragraph 5 of Article 1 of this Processor’s Agreement, the Processor is obliged to implement at least the following measures in relation to all the Personal Data that has or will be processed, unless there are more effective security measures in accordance with the state-of-the-art technology: a) Personal Data shall be backed up daily in order to ensure that the possible loss of personal data does not exceed one (1) day; b) The back-ups shall be stored in a (fire-proof) safe place; c) The Processor shall implement measures for adequate (physical and software-based) access security for the personal data relevant for the activities and the spaces where these data are stored or processed, so that only authorised employees can have access. The Processor shall keep a list of authorised employees. This list shall be shown at the Controller’s first request; d) Checkout and cardholder data are maintained and secured by the processor in a way that is PCI-DSS compliant; e) Only employees who need to have access to Personal Data for their work shall be authorised; f) A confidentiality agreement shall be concluded with the authorised employees; g) The Processor has an adequate and current mechanism for detecting and removing malicious software, including computer viruses.

Related to Data Protection Measures

  • Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.

  • Cybersecurity; Data Protection To the best knowledge of the Company after due inquiry, the Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are adequate for, and operate and perform as required in connection with the operation of the business of the Company and its Subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, and there have been no breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same. The Company and its Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any Governmental Entity, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

  • Data Protection Laws those laws applicable to the processing of personal data in the relevant jurisdictions, including but not limited to the General Data Protection Regulation 2016/679.

  • Mitigation Measures Company shall take commercially reasonable measures (except measures causing it to incur out-of-pocket expenses which BNYM does not agree in advance to reimburse) to mitigate losses or potential losses to BNYM, including taking verification, validation and reconciliation measures that are commercially reasonable or standard practice in the Company’s business.

  • Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.