DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data. 19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request. 19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation). 19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:- 19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or 19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred. 19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense, 19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or 19.5.2 the Department may itself restore or procure the restoration of the Department Data. 19.6 The Provider must:- 19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department; 19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement; 19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or 19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 9 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant) (Trusts), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not stored in the cloud, are stored off-off- site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 5 contracts
Samples: Funding Agreement, Funding Agreement, Education & Skills Agreement
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 4 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 4 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant) (Trusts)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-back- ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub-contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 3 contracts
Samples: Contract for Services, Contract for Services, Contract for Services
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not stored in the cloud, are stored off-off- site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
DEPARTMENT DATA. 19.1 The Provider College acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider College must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection Legislation. The Provider College must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider College must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider College as a result of a breach by the Provider College of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider College at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider College any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider College to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider College must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider College or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 6 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
DEPARTMENT DATA. 19.1 The Provider College acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider College must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider College must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider College must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider College as a result of a breach by the Provider College of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider College at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider College any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider College to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider College must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider College or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not stored in the cloud, are stored off-off- site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 remedies:- the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 or the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 , require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 or the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 must:- not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 ; not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 ; undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 and/or upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub-contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 6 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
DEPARTMENT DATA. 19.1 The Provider Employer acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider Employer must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider Employer must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider Employer must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Employer as a result of a breach by the Provider Employer of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider Employer at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider Employer any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider Employer to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider Employer must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Employer or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider Employer acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider Employer must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider Employer must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider Employer must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Employer as a result of a breach by the Provider Employer of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider Employer at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider Employer any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider Employer to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider Employer must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Employer or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
DEPARTMENT DATA. 19.1 The Provider Employer acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider Employer must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Employer must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider Employer must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Employer as a result of a breach by the Provider Employer of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider Employer at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.Clause
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and Policies)and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider College acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider College must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider College must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider College as a result of a breach by the Provider College of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider College at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider College any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider College to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider College must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider College or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 6 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 6 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub-contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Funding Agreement
DEPARTMENT DATA. 19.1 The Provider College acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider College must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider College must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider College must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider College as a result of a breach by the Provider College of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider College at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider College any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider College to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider College must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider College or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 22.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 22.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-back- ups are available to the Department at all times upon request.
19.3 22.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 6 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 22.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 25 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 22.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.222.2; or
19.4.2 22.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 22.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 22.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 22.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.222.2; or
19.5.2 22.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 22.6 The Provider must:-Contractor must: -
19.6.1 22.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 22.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 22.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 22.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2Error! Reference source not found.; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 Error! Reference source not found. and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2Error! Reference source not found.; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors sub-contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not stored in the cloud, are stored off-off- site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation UK GDPR and DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationUK GDPR and DPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 remedies:- the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 or the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 , require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 or the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 must:- not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 ; not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation UK GDPR and DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 ; undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 and/or upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Funding Agreement
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.Clause
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider Employer acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider Employer must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Employer must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider Employer must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Employer as a result of a breach by the Provider Employer of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider Employer at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider Employer any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider Employer to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider Employer must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Employer or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.are
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-Clause
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Funding Agreement
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require Require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Funding Agreement
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-off- site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection Legislation).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, ups are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon requestrequest and are delivered to the Department at no less than monthly intervals when requested.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection LegislationDPA 2018).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require 21.5.1 Require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 The Provider College acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider College must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-Back- ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider College must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider College must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection LegislationDPA 2018).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider College as a result of a breach by the Provider College of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider College at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider College any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider College to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider College must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider College or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
DEPARTMENT DATA. 19.1 The Provider acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider as a result of a breach by the Provider of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
DEPARTMENT DATA. 19.1 21.1 The Provider Contractor acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 21.2 The Provider Contractor must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection LegislationLaws. The Provider Contractor must ensure that such back-ups are available to the Department at all times upon request.
19.3 21.3 The Provider Contractor must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation DPA 2018 and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement Contract and under the Data Protection LegislationDPA 2018).
19.4 21.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Contractor as a result of a breach by the Provider Contractor of Clause 22 24 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement Contract or otherwise, to elect either of the following remedies:-
19.4.1 21.4.1 the Department may require the Provider Contractor at its own expense to restore or procure the restoration of such the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.4.2 21.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 21.2 and will be repaid by the Provider Contractor any reasonable expenses so incurred.
19.5 21.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 21.5.1 require the Provider Contractor to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.221.2; or
19.5.2 21.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 21.6 The Provider Contractor must:-
19.6.1 21.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 21.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation DPA 2018 for the purposes of fulfilling its obligations under this AgreementContract, except with the prior written consent of the Department or as required by this AgreementContract;
19.6.3 21.6.3 undertake its obligations under this Agreement Contract in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 21.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Contractor or its Sub- Contractors sub- contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Contract for Services
DEPARTMENT DATA. 19.1 The Provider Employer acknowledges that the Department Data is the property of the Department and the Department hereby reserve all Intellectual Property Rights which may subsist in the Department Data.
19.2 The Provider Employer must perform secure back-ups of all the Department Data and must ensure that up-to-date back-ups, where not in the cloud, are stored off-site in accordance with the Business Continuity Plan. Back-ups stored in the cloud must comply with Data Protection Legislation. The Provider Employer must ensure that such back-ups are available to the Department at all times upon request.
19.3 The Provider Employer must take all necessary steps to ensure that any Department Data which comes into its possession or control is protected in accordance with the Data Protection Legislation and appropriate security procedures as set out in Schedule 7 (Security & Department Policies) and in compliance with Good Industry Practice (having regard to the nature of its other obligations under this Agreement and under the Data Protection Legislation).
19.4 In the event that the Department Data used in the provision of the Services is corrupted or lost by the Provider Employer as a result of a breach by the Provider Employer of Clause 22 (Security), the Department will have the option, in addition to any other remedies that may be available to them either under this Agreement or otherwise, to elect either of the following remedies:-
19.4.1 the Department may require the Provider Employer at its own expense to restore or procure the restoration of such the Department Data using the back-back- up copy referred to in Clause 19.2; or
19.4.2 the Department may itself restore or procure restoration of such the Department Data using the back-up copy referred to in Clause 19.2 and will be repaid by the Provider Employer any reasonable expenses so incurred.
19.5 In the event that the Department Data used in the provision of the Services is corrupted or lost solely as a result of an act or omission by the Department the Department will, at its own expense,
19.5.1 require the Provider Employer to restore or procure the restoration of the Department Data using the back-up copy referred to in Clause 19.2; or
19.5.2 the Department may itself restore or procure the restoration of the Department Data.
19.6 The Provider Employer must:-
19.6.1 not use the Department Data, except as may be required to provide the Services or as instructed by the Department;
19.6.2 not disclose the Department Data to any third party, other than in accordance with the requirements of the Data Protection Legislation for the purposes of fulfilling its obligations under this Agreement, except with the prior written consent of the Department or as required by this Agreement;
19.6.3 undertake its obligations under this Agreement in such a manner as to preserve so far as reasonably possible the integrity and prevent any loss, disclosure, theft, manipulation or interception of the Department Data; and/or
19.6.4 upon request provide the Department with full access to the relevant area of any systems of the Provider Employer or its Sub- Sub-Contractors where the Department Data is stored or held for the purpose of viewing, retrieving, copying or otherwise dealing with the Department Data.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
