FAIR AND LAWFUL PROCESSING a) Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with this Data Processing Addendum and Applicable Laws.
b) Each Party shall ensure that it processes Shared Personal Data on the basis of one of the following legal grounds:
i. The Data Subject has given consent to the Processing of his or her Personal Data for one or more specific Purposes;
ii. Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
iii. Processing is necessary for compliance with a legal obligation to which the Controller is subject;
iv. Processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data; or
v. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
FAIR AND LAWFUL PROCESSING. 4.1 Each of the Collective Parties recognise and accept that the Agreement Personal Data includes:
FAIR AND LAWFUL PROCESSING. 5.1 Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 5 during the Term of this Agreement.
5.2 Each Party shall ensure that it processes Shared Personal Data on the basis that the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (GDPR Art 6.1(f)).
5.3 Where Sensitive Personal Data or Special Category Data is shared this will be processed on the additional ground of explicit consent only (GDPR Art 9.2(a)).
FAIR AND LAWFUL PROCESSING. 3.8.1 Each party shall ensure that the personal data to be shared as outlined by this Agreement will be processed fairly and lawfully.
3.8.2 Each party shall ensure that the personal data subject of this Agreement will only be processed in accordance with one or more of the following legal grounds: • The data subject has unambiguously given his or her consent for one or more specified purposes; • processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; • processing is necessary for compliance with a legal obligation to which the parties are subject, other than an obligation imposed by contract; • processing is necessary in order to protect the vital interests of the data subject; • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the parties; • processing is necessary for the purposes of the legitimate interests pursued by the parties except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
3.8.3 In respect of any special categories of personal data being shared the following lawful basis for processing have been identified: • the data subject has given his explicit consent to the processing of the special categories of personal data; • processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; • processing is necessary to protect the vital interest of the data subject OR of another person where the data subject is physically or legally incapable of giving his or her consent or the data discloser cannot reasonably be expected to obtain the data subject's consent; • processing relates to data which have been made public as a result of steps taken by the data subject • processing is for the purpose of or in connection with legal proceedings (including prospective legal proceedings), for the obtaining legal advice or is otherwise necessary for the purpose of establishing, exercising or defending legal rights; • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the parties; • processing is necessary for the purposes of prevent...
FAIR AND LAWFUL PROCESSING. 6.1 Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with
FAIR AND LAWFUL PROCESSING. 5.1 Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 5.2 during the Term of this Agreement.
5.2 For the purposes of Agreed Purposes 1-3 as listed in clause 2.5 of this Agreement, each Party shall ensure that it Processes Shared Personal Data on the basis of one of the following legal grounds:
(a) processing is necessary for the purposes of the legitimate interests pursued by the Parties except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the Data Subject (DPA Sch 2.6.1) or, in the case of data sharing on or after the 25th May 2018:
(b) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (GDPR Art 6. 1 (e) ) or,
(c) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (GDPR Art 6. 1 (f).
5.3 For the purposes of Agreed Purpose 4 as listed in clause 2.5 of this Agreement, each Party shall ensure that it Processes shared Personal Data on the basis of the legal grounds as listed in clause 5.2. Where Sensitive Personal Data or Special Category Data is shared this will be on the following additional grounds:
(a) the processing of Sensitive Personal Data is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons—
(i) holding different beliefs, or (ii) of different states of physical or mental health or different physical or mental conditions, with a view to enabling such equality to be promoted or maintained, providing: - the data use does not support measures or decisions with respect to any particular data subject otherwise than with the explicit consent of that data subject; and - does not cause, nor is likely to cause, substantial damage or substantial distress to the data subject or any other person. (DPA Sch 3.10.7.1) or, in the case of data sharing on or after the 25th May 2018:
(b) processing of Special Category Data is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to d...
FAIR AND LAWFUL PROCESSING. Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 25.2 during the Term of this Agreement.
FAIR AND LAWFUL PROCESSING. Each party shall ensure that it processes the Shared Personal Data fairly in accordance with the Data Protection Legislation, which shall include providing the Data Subjects with the necessary fair processing/privacy notice information required under the Data Protection Legislation. This Investment Area will involve the processing of personal data relating to children. It is anticipated that each child will be assigned a ‘Unique Reference Number’ (URN) and it will be this URN which will be ‘processed’ by all parties through the lifetime of the project. The Lead Partner will retain a record of which XXX relates to which participant. As such, a Privacy Notice specific to Children and Young People has been prepared by SEUPB (Privacy Notice | SEUPB) and each Lead Partner undertakes to ensure that this Privacy Notice is provided to the Data Subject and/or their legal guardian where appropriate. For the processing of personal data relating to adults, Privacy Notice | SEUPB is applicable. Each Lead Partner undertakes to ensure that this Privacy Notice is provided to the Data Subject. Each party shall ensure it processes the Shared Personal Data lawfully and in doing so, has established and recorded the Legal Basis for Processing. Each party shall ensure that before transferring the Shared Personal Data to the other party, that the Shared Personal Data are adequate, accurate, relevant and not excessive for the Agreed Purposes. Shared Personal Data must be limited to the Shared Personal Data as detailed in Annex D. Each party’s SPoC shall be responsible for ensuring that any Subject Access Request or other requests relating to data subjects’ rights which are received by them/their team under or in relation to this Agreement are identified and passed, in a timely manner, to the departments/individuals within their organisation that has the responsibility for responding to any such requests. Each party shall cooperate with each other in so far as reasonably necessary to enable each other to perform their obligations under the Data Protection Legislation or other applicable legislation, in respect of any Personal Data collected, held or processed as part of this Agreement.
FAIR AND LAWFUL PROCESSING. 1Each Party recognises that the sharing of the Shared Personal Data shall be on the basis of one or more of the following grounds under Schedule 2 of the DPA or any replacement EU or UK legislation:
FAIR AND LAWFUL PROCESSING. 3.1 Each Controller shall ensure that it Processes the shared Personal Data fairly and lawfully. The Personal Data must not be irrelevant or excessive with regard to the Agreed Purpose.
3.2 Each Controller shall ensure that it has a legal basis to Process the Shared Personal Data including providing information which directly communicates to the Data Subject the manner in which their Personal Data will be used by Customer and any other Controller.
3.3 Each Controller shall appoint a single point of contact (SPoC) who will work together to reach an agreement with regards to any issues arising from the Agreed Purposes. The points of contact for each of the Consortium Members are provided in Annex 1 to this CA. 4 DATA SUBJECTS' RIGHTS
4.1 The Controllers each agree to provide such assistance as is reasonably required to enable the other party to comply with requests from Data Subjects to exercise their rights under the Data Protection Laws.
4.2 The SPoC for each Controller shall be responsible for updating the Data Processing Particulars.
