Common use of DCC DATA Clause in Contracts

DCC DATA. ‌ The parties agree that as at the Signature Date, the provisions of clause 28.1 below do not apply to this agreement on the basis that the contractor will not receive either any transactional data or industry registration data in the performance of its services. In the event that a future requirement arises which means that the contractor will need to come into possession of either transactional data and / or industry registration data, then this clause 28.1 would become applicable once an appropriate Change Authorisation Note has been agreed between the parties for the requirement concerned. 28.1 The Contractor shall not at any time be entitled:‌ 28.1.1 to copy, disclose or use any Transactional Data or Industry Registration Data except in compliance with all the Contractor's obligations under this Agreement (including Clause 30.8) and to the extent strictly required to comply with its obligations under this Agreement; and 28.1.2 to store (or retain) any Transactional Data or Industry Registration Data except in compliance with all the Contractor's obligations under this Agreement (including Clause 30.8) and to the extent strictly required to comply with any: 28.1.2.1 applicable Law of Scotland or England and Wales; or 28.1.2.2 express provisions of this Agreement that require the Contractor to retain such data on a non-persistent basis. 28.2 The Contractor shall (and shall ensure all Contractor Persons shall) not (unless expressly agreed by the DCC in writing) delete or remove any proprietary notices contained within or relating to the DCC Data, Documentation or DCC Software. 28.3 Subject to the opening paragraph of the Clause 28 the Contractor shall comply with Clause 28.1 in all circumstances and in addition shall (and shall ensure all Contractor Persons shall) not store, copy, disclose, or use any DCC Data except as necessary for the performance by the Contractor of its obligations under this Agreement or as otherwise expressly authorised in writing by the DCC (whether in this Agreement or otherwise, including pursuant to Clauses 30.4 to 30.7 (inclusive), 30.11, 30.13, 30.14 or 30.16). 28.4 To the extent that any DCC Data is held and/or processed by or on behalf of the Contractor, the Contractor shall supply that DCC Data to the DCC as requested by the DCC from time to time. 28.5 Subject to Clause 34.10, the Contractor shall, at all times during the Service Period, preserve the integrity of all DCC Data, Contractor Systems Data and Contractor CMDB Data (including preventing the loss, corruption or degradation of such Data) in the possession or control of any Contractor Person.‌ 28.6 The Contractor shall: 28.6.1 perform (or procure) secure back-ups of: 28.6.1.1 all Contractor CMDB Data as required pursuant to its obligations under this Agreement; and‌ 28.6.1.2 any other Data as required pursuant to its obligations under this Agreement; and 28.6.2 ensure that up-to-date back-ups of all Data backed up pursuant to Clause 28.6.1.1 are: 28.6.2.1 stored securely at a Site;‌ 28.6.2.2 (also) stored securely in a separate geographical location at least ten (10) miles from the relevant first Site referred to in Clause 28.6.2.1; 28.6.2.3 in all cases stored at all times in accordance with the requirements of this Agreement; and 28.6.2.4 promptly available to the DCC at all times upon request and in accordance with any express obligation under this Agreement. 28.7 Subject to Clause 34.10, the Contractor shall ensure that any System on which any Contractor Person holds, processes or transmits DCC Confidential Information, including Transactional Data, is a secure system that complies with the requirements of this Agreement, including Schedule 2.1 (DCC Requirements).‌ 28.8 Without prejudice to Clauses 34.13 or 34.14, if any DCC Data, Contractor CMDB Data and/or Contractor Systems Data is corrupted, lost or degraded in breach of (or as a result of any breach of) the Contractor's obligations in connection with this Agreement, the DCC may (without prejudice to any other right or remedy) require the Contractor (at the Contractor's expense) to restore, or procure the restoration of the relevant DCC Data, Contractor CMDB Data and/or Contractor Systems Data as soon as practicable (and in any event within the timescales required by any part of this Agreement).‌ 28.9 Save for the data that is service management incident recording and prioritisation, the Contractor shall ensure that any DCC Data in the possession or under the control of any Contractor Entity is not processed, exported or transferred to any place outside the European Economic Area at any time. 28.10 The indemnity in Clause 32.7.1 shall not apply to any failure by the Contractor to comply with Clause 28.8 unless and to the extent that such non-compliance is also a breach of Clause 29 (Protection of Personal Data).

DCC DATA. ‌ The parties agree that as at the Signature Datesignature date, the provisions of clause 28.1 below do not apply to this agreement on the basis that the contractor will not receive either any transactional data or industry registration data in the performance of its services. In the event that a future requirement arises which means that the contractor will need to come into possession of either transactional data and / or industry registration data, then this clause 28.1 would become applicable once an appropriate Change Authorisation Note change control note has been agreed between the parties for the requirement concerned. 28.1 The Contractor shall not at any time be entitled:‌entitled: 28.1.1 to copy, disclose or use any Transactional Data or Industry Registration Data except in compliance with all the Contractor's obligations under this Agreement (including Clause 30.8) and to the extent strictly required to comply with its obligations under this Agreement; and 28.1.2 to store (or retain) any Transactional Data or Industry Registration Data except in compliance with all the Contractor's obligations under this Agreement (including Clause 30.8) and to the extent strictly required to comply with any: 28.1.2.1 applicable Law of Scotland or England and Wales; or 28.1.2.2 express provisions of this Agreement that require the Contractor to retain such data on a non-persistent basis. 28.2 The Contractor shall (and shall ensure all Contractor Persons shall) not (unless expressly agreed by the DCC in writing) delete or remove any proprietary notices contained within or relating to the DCC Data, Documentation or DCC Software. 28.3 Subject to the opening paragraph of the Clause 28 the The Contractor shall comply with Clause 28.1 in all circumstances and in addition shall (and shall ensure all Contractor Persons shall) not store, copy, disclose, or use any DCC Data except as necessary for the performance by the Contractor of its obligations under this Agreement or as otherwise expressly authorised in writing by the DCC (whether in this Agreement or otherwise, including pursuant to Clauses 30.4 to 30.7 (inclusive), 30.11, 30.13, 30.14 or 30.16). 28.4 To the extent that any DCC Data is held and/or processed by or on behalf of the Contractor, the Contractor shall supply that DCC Data to the DCC as requested by the DCC from time to time. 28.5 Subject to Clause 34.10, the Contractor shall, at all times during the Service Period, preserve the integrity of all DCC Data, Contractor Systems Data and Contractor CMDB Data (including preventing the loss, corruption or degradation of such Data) in the possession or control of any Contractor Person.‌Person. 28.6 The Contractor shall: 28.6.1 perform (or procure) secure back-ups of: 28.6.1.1 all System Audit Data and Contractor CMDB Data as required pursuant to its obligations under this Agreement; and‌and 28.6.1.2 any other Data as required pursuant to its obligations under this Agreement; and 28.6.2 ensure that up-to-date back-ups of all Data backed up pursuant to Clause 28.6.1.1 are: 28.6.2.1 stored securely at a Site;‌Site; 28.6.2.2 (also) stored securely in a separate geographical location at least ten (10) miles from the relevant first Site referred to in Clause 28.6.2.1; 28.6.2.3 in all cases stored at all times in accordance with the requirements of this Agreement; and 28.6.2.4 promptly available to the DCC at all times upon request and in accordance with any express obligation under this Agreement. 28.7 Subject to Clause 34.10, the Contractor shall ensure that any System on which any Contractor Person holds, processes or transmits DCC Confidential Information, including Transactional Data, is a secure system that complies with the requirements of this Agreement, including Schedule 2.1 (DCC Requirements).‌Requirements). 28.8 Without prejudice to Clauses 34.13 or 34.14, if any DCC Data, Contractor CMDB Data and/or Contractor Systems Data is corrupted, lost or degraded in breach of (or as a result of any breach of) the Contractor's obligations in connection with this Agreement, the DCC may (without prejudice to any other right or remedy) require the Contractor (at the Contractor's expense) to restore, or procure the restoration of the relevant DCC Data, Contractor CMDB Data and/or Contractor Systems Data as soon as practicable (and in any event within the timescales required by any part of this Agreement).‌Agreement). 28.9 Save for the data that is service management incident recording and prioritisation, the Contractor shall ensure that any DCC Data in the possession or under the control of any Contractor Entity is not processed, exported or transferred to any place outside the European Economic Area at any time... 28.10 The indemnity in Clause 32.7.1 32.2.1 shall not apply to any failure by the Contractor to comply with Clause 28.8 unless and to the extent that such non-compliance is also a breach of Clause 29 (Protection of Personal Data).

DCC DATA. ‌ The parties agree that as at the Signature Date, the provisions of clause 28.1 29.1 below do not apply to this agreement on the basis that the contractor Supplier will not receive either any transactional data or data, industry registration data or UK Only Information in the performance of its services. In the event that a future requirement arises which means that the contractor Supplier will need to come into possession of either transactional data and / or industry registration datadata and / or UK Only Information, then this clause 28.1 29.1 would become applicable once an appropriate Change Authorisation Note has been agreed between the parties for the requirement concerned. 28.1 29.1 The Contractor Supplier shall not at any time be entitled:‌ 28.1.1 29.1.1 to copy, disclose or use any Transactional Data or Data, Industry Registration Data or UK Only Information except in compliance with all the ContractorSupplier's obligations under this Agreement (including Clause 30.831.8) and to the extent strictly required to comply with its obligations under this Agreement; and 28.1.2 29.1.2 to store (or retain) any Transactional Data or Data, Industry Registration Data or UK Only Information except in compliance with all the ContractorSupplier's obligations under this Agreement (including Clause 30.831.8) and to the extent strictly required to comply with any: 28.1.2.1 29.1.2.1 applicable Law of Scotland or England and Wales; or 28.1.2.2 29.1.2.2 express provisions of this Agreement that require the Contractor Supplier to retain such data on a non-persistent basis. 28.2 29.2 The Contractor Supplier shall (and shall ensure all Contractor Supplier Persons shall) not (unless expressly agreed by the DCC in writing) delete or remove any proprietary notices contained within or relating to the DCC Data, Documentation or DCC Software. 28.3 29.3 Subject to the opening paragraph of the Clause 28 29 the Contractor Supplier shall comply with Clause 28.1 29.1 in all circumstances and in addition shall (and shall ensure all Contractor Supplier Persons shall) not store, copy, disclose, or use any DCC Data except as necessary for the performance by the Contractor Supplier of its obligations under this Agreement or as otherwise expressly authorised in writing by the DCC (whether in this Agreement or otherwise, including pursuant to Clauses 30.4 31.4 to 30.7 31.7 (inclusive), 30.1131.11, 30.1331.13, 30.14 31.14 or 30.1631.16). 28.4 29.4 To the extent that any DCC Data is held and/or processed by or on behalf of the ContractorSupplier, the Contractor Supplier shall supply that DCC Data to the DCC as requested by the DCC from time to time. 28.5 29.5 Subject to Clause 34.1035.10, the Contractor Supplier shall, at all times during the Service Period, preserve the integrity of all DCC Data, Contractor Supplier Systems Data and Contractor Supplier CMDB Data (including preventing the loss, corruption or degradation of such Data) in the possession or control of any Contractor Supplier Person.‌ 28.6 29.6 The Contractor Supplier shall: 28.6.1 29.6.1 perform (or procure) secure back-ups of: 28.6.1.1 29.6.1.1 all Contractor Supplier CMDB Data as required pursuant to its obligations under this Agreement; and‌ 28.6.1.2 29.6.1.2 any other Data as required pursuant to its obligations under this Agreement; and 28.6.2 29.6.2 ensure that up-to-date back-ups of all Data backed up pursuant to Clause 28.6.1.1 29.6.1.1 are: 28.6.2.1 29.6.2.1 stored securely at a Site;‌Site; 28.6.2.2 29.6.2.2 (also) stored securely in a separate geographical location at least ten (10) miles from the relevant first Site referred to in Clause 28.6.2.1location; 28.6.2.3 29.6.2.3 in all cases stored at all times in accordance with the requirements of this Agreement; and 28.6.2.4 29.6.2.4 promptly available to the DCC at all times upon request and in accordance with any express obligation under this Agreement. 28.7 29.7 Subject to Clause 34.1035.10, the Contractor Supplier shall ensure that any System on which any Contractor Supplier Person holds, processes or transmits DCC Confidential Information, including Transactional Data, is a secure system that complies with the requirements of this Agreement, including Schedule 2.1 (DCC Requirements).‌ 28.8 29.8 Without prejudice to Clauses 34.13 35.13 or 34.1435.14, if any DCC Data, Contractor Supplier CMDB Data and/or Contractor Supplier Systems Data is corrupted, lost or degraded in breach of (or as a result of any breach of) the ContractorSupplier's obligations in connection with this Agreement, the DCC may (without prejudice to any other right or remedy) require the Contractor Supplier (at the ContractorSupplier's expense) to restore, or procure the restoration of the relevant DCC Data, Contractor Supplier CMDB Data and/or Contractor Supplier Systems Data as soon as practicable (and in any event within the timescales required by any part of this Agreement).‌ 28.9 29.9 Save for the data that is service management incident recording and prioritisation, the Contractor Supplier shall ensure that any DCC Data in the possession or under the control of any Contractor Supplier Entity is not processed, exported or transferred to any place outside the European Economic Area at any time. 28.10 29.10 The indemnity in Clause 32.7.1 33.7.1 shall not apply to any failure by the Contractor Supplier to comply with Clause 28.8 29.8 unless and to the extent that such non-compliance is also a breach of Clause 29 30 (Protection of Personal Data).