Eligible Data Breach Sample Clauses

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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.
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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 ▇▇▇ ▇▇▇▇ (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.
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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.
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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).
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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, comply w...
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Eligible Data Breach. Promptly, and no later than 7 days upon becoming aware of an actual or suspected Cyber Breach, in relation to the Customer Environment, Customer will: (a) immediately investigate, or procure the investigation of, the Cyber Breach;‌ (b) assess if the Cyber Breach constitutes an Eligible Data Breach and notify Supplier of the following: (i) the reasons why Customer considers that a reasonable person would or would not conclude that the Cyber Breach is an Eligible Data Breach; (ii) whether Customer will make any statements to the affected individuals and the Office of the Australian Information Commissioner; and (iii) where there are reasonable grounds to conclude that the Cyber Breach constitutes an Eligible Data Breach, prepare statements in accordance with section 26WK of Part IIIC of the Privacy Act and make statements to the affected individuals and the Office of the Australian Information Commissioner to notify them of the Cyber Breach.‌
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Related to Eligible Data Breach

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process: (1) The security breach notification described above shall include, at a minimum, the following information to the extent known by the Provider and as it becomes available: i. The name and contact information of the reporting LEA subject to this section. ii. A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. iii. If the information is possible to determine at the time the notice is provided, then either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification shall also include the date of the notice. iv. Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided; and v. A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (2) Provider agrees to adhere to all federal and state requirements with respect to a data breach related to the Student Data, including, when appropriate or required, the required responsibilities and procedures for notification and mitigation of any such data breach. (3) Provider further acknowledges and agrees to have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of Student Data or any portion thereof, including personally identifiable information and agrees to provide ▇▇▇, upon request, with a summary of said written incident response plan. (4) LEA shall provide notice and facts surrounding the breach to the affected students, parents or guardians. (5) In the event of a breach originating from ▇▇▇’s use of the Service, Provider shall cooperate with ▇▇▇ to the extent necessary to expeditiously secure Student Data.

  • Data Breaches Contractor shall notify the School District in writing as soon as commercially practicable, however no later than forty-eight (48) hours, after Contractor has either actual or constructive knowledge of a breach which affects the School District’s Data (an “Incident”) unless it is determined by law enforcement that such notification would impede or delay their investigation. Contractor shall have actual or constructive knowledge of an Incident if Contractor actually knows there has been an Incident or if Contractor has reasonable basis in facts or circumstances, whether acts or omissions, for its belief that an Incident has occurred. The notification required by this section shall be made as soon as commercially practicable after the law enforcement agency determines that notification will not impede or compromise the investigation. Contractor shall cooperate with law enforcement in accordance with applicable law provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Incident. Contractor shall promptly take appropriate action to mitigate such risk or potential problem at Contractor’s or OPERATOR’s expense. In the event of an Incident, Contractor shall, at its sole cost and expense, restore the Confidential Information, to as close its original state as practical, including, without limitation any and all Data, and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable. Contractor will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Contractor will also have a written incident response plan, to include prompt notification of the District in the event of a security or privacy incident, as well as best practices for responding to a breach of PII.

  • Personal Data Breach 7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws. 7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

  • Personal Data Breaches 5.7.1 The Data Processor shall give immediate notice to the Data Controller if a breach occurs, that can lead to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, personal data transmitted, stored or otherwise processed re the Personal Data processed on behalf of the Data Controller (a “Personal Data Breach”). 5.7.2 The Data Processor shall make reasonable efforts to identify the cause of such a breach and take those steps as they deem necessary to establish the cause, and to prevent such a breach from reoccurring.