Common use of Ethical Walls Clause in Contracts

Ethical Walls. The SFA makes two types of agreement available for organisations accessing and using the PLR:  the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and  the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not:  discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or  disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the SFA as soon as possible of any instance of non- compliance with this Agreement. Upon becoming aware of any such non-compliance, the Learning Provider shall, without prejudice to the SFA rights under this Agreement:  carry out a review to ascertain the reasons for and extent of such non-compliance;  take such steps as are necessary to minimise the risk of such non-compliance occurring again; and  implement procedures for the immediate reporting to the SFA of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall:  implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and  monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.

Ethical Walls. The SFA ESFA makes two types of agreement available for organisations accessing and using the PLR:  the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and  the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not:  discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or  disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the SFA ESFA as soon as possible of any instance of non- compliance with this Agreement. Upon becoming aware of any such non-compliance, the Learning Provider shall, without prejudice to the SFA ESFA rights under this Agreement:  carry out a review to ascertain the reasons for and extent of such non-compliance;  take such steps as are necessary to minimise the risk of such non-compliance occurring again; and  implement procedures for the immediate reporting to the SFA ESFA of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall:  implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and  monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.

Ethical Walls. The SFA Chief Executive makes two types of agreement available for organisations accessing and using the PLR:  • the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and  • the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not:  • discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or  • disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the SFA Chief Executive as soon as possible of any instance of non- non-compliance with this Agreement. Upon becoming aware of any such non-non- compliance, the Learning Provider shall, without prejudice to the SFA Chief Executive’s rights under this Agreement:  • carry out a review to ascertain the reasons for and extent of such non-compliance;  • take such steps as are necessary to minimise the risk of such non-compliance occurring again; and  • implement procedures for the immediate reporting to the SFA Chief Executive of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall:  • implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and  • monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.

Ethical Walls. The SFA Chief Executive makes two types of agreement available for organisations accessing and using the PLR:  the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and  the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not:  discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or  disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the SFA Chief Executive as soon as possible of any instance of non- non-compliance with this Agreement. Upon becoming aware of any such non-non- compliance, the Learning Provider shall, without prejudice to the SFA Chief Executive’s rights under this Agreement:  carry out a review to ascertain the reasons for and extent of such non-compliance;  take such steps as are necessary to minimise the risk of such non-compliance occurring again; and  implement procedures for the immediate reporting to the SFA Chief Executive of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall:  implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and  monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.

Ethical Walls. The SFA ESFA makes two types of agreement available for organisations accessing and using the PLR:  • the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and  • the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not:  • discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or  • disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the SFA ESFA as soon as possible of any instance of non- compliance with this Agreement. Upon becoming aware of any such non-compliance, the Learning Provider shall, without prejudice to the SFA ESFA rights under this Agreement:  • carry out a review to ascertain the reasons for and extent of such non-compliance;  • take such steps as are necessary to minimise the risk of such non-compliance occurring again; and  • implement procedures for the immediate reporting to the SFA ESFA of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall:  • implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and  • monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.