Eligible Data Breach. (a) In this clause Eligible Data Breach has the same meaning as it has in the Privacy Act.
(b) If the Consultant becomes aware that there are reasonable grounds to suspect that there may have been an Eligible Data Breach in relation to any Personal Information held by the Consultant as a result of this Agreement or its performance of the Agreement, the Consultant agrees to:
(i) notify the Foundation in writing as soon as possible, which must be no later than within 3 days; and
(ii) carry out an assessment in accordance with the requirements of the Privacy Act.
(c) Where the Consultant is aware that there are reasonable grounds to believe there has been, or where the Foundation notifies the Consultant that there has been, an Eligible Data Breach in relation to any Personal Information held by the Consultant as a result of this Agreement or its performance of the services, the Consultant agrees to:
(i) take all reasonable action to mitigate the risk of the Eligible Data Breach causing serious harm to any of the individuals to whom it relates; and
(ii) take all other action necessary to comply with the requirements of the Privacy Act.
Eligible Data Breach. (a) If either Party:
(i) becomes aware that there are reasonable grounds to suspect that there may have been an Eligible Data Breach; or
(ii) becomes aware that there are reasonable grounds to believe that there has been an Eligible Data Breach, it will notify the other party of this fact as soon as practicable.
(b) Where either of Powernet or the Client are required to comply with any obligations arising under the Privacy Xxx 0000 (Cth) in relation to an Eligible Data Breach of the Client’s data, the Client must ensure compliance with all those obligations.
(c) If the Client believes it is unable for any reason to comply with its obligations without the assistance of Powernet, the Client must notify Powernet as soon as practicable and in any event within 7 days, that it requires such assistance from Powernet, specifying the nature of that assistance.
(d) If Powernet provides any services to the Client to assist it to comply with the obligations under clause 5.3(a), those services may be provided as an Out of Scope service.
Eligible Data Breach. Where there are reasonable grounds to believe there has been an eligible data breach we will, within 30 days of when we first become aware of the suspected breach, undertake a reasonable and expeditious assessment of the potential breach. Where it is determined that an eligible data breach has occurred, we will report the breach to the Office of the Australian Information Commissioner and you.
Eligible Data Breach. In relation to Personal information handled pursuant to this Agreement, the Counterparty must immediately upon becoming aware that there are reasonable grounds to believe there has been an Eligible Data Breach:
(a) provide the following information to Alinta Energy, to the extent known:
i. the basis upon which a reasonable person would or would not conclude that the incident would be likely to result in serious harm to any of the individuals subject to the Eligible Data Breach;
ii. any remedial action the Counterparty has taken or proposes to take in relation to the incident;
iii. proposed steps that the Counterparty recommends the individuals subject to the Eligible Data Breach should take in response to the incident; and
iv. details of the assessment undertaken by the Counterparty to assess whether the incident amounts to an Eligible Data Breach; (collectively, the Notifiable Matters);
(b) provide Alinta Energy with all information, documents and assistance it reasonably requires in respect of the Eligible Data Breach and any notification requirements;
(c) provide Alinta Energy with ongoing updates (at least every two business days) with respect to the Notifiable Matters until such time as Alinta Energy determines that the incident has been remedied; and
(d) not notify OAIC or affected individuals of the incident unless first approved by Alinta Energy (acting reasonably).
Eligible Data Breach.
(a) If the Provider has reasonable grounds to suspect there may have been an event which amounts to an Eligible Data Breach in relation to any Personal Information the Provider holds as a result of this Head Agreement or its performance of the Services, the Provider must:
(i) immediately, and no later than the Business Day after the Provider becomes so aware, Notify the impacted Agency or Agencies and the Lead Agency;
(ii) comply with its obligations under the Privacy Act in relation to that event;
(iii) unless otherwise directed by the Lead Agency, carry out an assessment as to whether there are reasonable grounds to believe that there has been an Eligible Data Breach in accordance with the requirements of the Privacy Act;
(iv) provide the impacted Agency or Agencies and the Lead Agency (as relevant) with all information requested by the impacted Agency or Agencies and the Lead Agency about the event; and
(v) if requested, allow the impacted Agency or Agencies and the Lead Agency to participate in the Provider's assessment of the event and whether it amounts to an Eligible Data Breach.
(b) If the Provider is aware, including after complying with clause 31.4(a), that there are reasonable grounds to believe that there has been, or where an Agency or the Lead Agency Notifies the Provider that there has been, an Eligible Data Breach in relation to any Personal Information the Provider holds as a result of this Head Agreement or its performance of the Services, the Provider must:
(i) take all reasonable action to mitigate the risk of the breach causing serious harm to any of the individuals to whom the Personal Information relates;
(ii) take all other action necessary to comply with the requirements of the Privacy Act (including, subject to clause 31.4(c), preparing a statement for the Australian Information Commissioner and notifying affected individuals about the Eligible Data Breach where required); and
(iii) take any other action as reasonably directed by the impacted Agency or Agencies or the Lead Agency, or the Australian Information Commissioner.
(c) If notification of an Eligible Data Breach is required under the Privacy Act, the Provider must:
(i) immediately inform the impacted Agency or Agencies and the Lead Agency;
(ii) if requested by the impacted Agency, discuss with the impacted Agency and endeavour to agree which Party will issue the notification;
(iii) if a discussion under clause 31.4(c)(ii) is not requested by the impacted Agency, compl...
