Common use of Freedom of Information and Data Protection Clause in Contracts

Freedom of Information and Data Protection. The Parties acknowledge that, in order to be compliant with the Freedom of Information Xxx 0000, the Environmental Information Regulations 2004, or any other legislation governing access to information (the ‘FOI Legislation’), there may be an obligation to provide information that relates to this Agreement, which may include Confidential Information, on request to third parties. In the event that any Party receives a request for information relating to the Agreement falling within the scope of the FOI Legislation, that Party (the ‘Disclosing Party’) shall be entitled to disclose such information as is necessary to comply with the FOI Legislation. The Parties shall co-operate in order to enable the Disclosing Party to comply with its obligations under the FOI Legislation. Where Confidential Information relating to the Project is exempt from disclosure, it shall not be disclosed without the agreement in Writing of the owning Party. The Disclosing Party shall not be liable for any loss, damage, harm or other detriment suffered by the other Party arising from the disclosure of any information required by the FOI Legislation to be disclosed. AHDB maintains a database of its contracts including all those likely to have a value of £25,000 or more. AHDB recognises the importance of transparency in its procurement and contracting, and subject to any confidentiality obligations the contents of these contracts will be made available to interested persons on request. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOI Legislation, the content of this Agreement is not Contractor’s Confidential Information. The Disclosing Party shall be responsible for determining whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOI Legislation. Notwithstanding any other term of this Agreement, each Researcher hereby gives its consent for AHDB to provide or publish to the general public the Agreement in whole or part, as it may be amended. The Researchers shall assist and co-operate with AHDB to enable AHDB to provide or publish this Agreement, including by identifying any matters which they consider to be confidential or otherwise exempt from disclosure under the FOI Legislation. AHDB will take any representation from the Researchers into fair and proper account. Subject to Condition 3.4.2, the Researchers shall not publicise or permit any other person to publicise the procurement, award, existence or content of this Agreement without the prior written permission of AHDB’s Director of Communications and Legal Services, which may be conditional and which shall not be unreasonably denied, delayed or withheld. For the avoidance of doubt, Condition 20.3 does not prevent: the disclosure by any Party of this Agreement or a draft thereof to a researcher or sub-contractor that is expected to act with the Researcher in relation to the Project so that it is aware of the relevant terms under which the Researcher will contract with the Funder. Commercially sensitive matter may be redacted. Similar conditions to those imposed on the Researcher under Condition 20.3 shall be imposed on the recipient. the disclosure of the RFA Terms or the AHDB Terms to any person. The Parties shall comply with the obligations contained in Annex 4 in respect of data processing and the protection of personal data within the meaning of the Data Protection Legislation. Insofar as a Researcher is subject to the FOI Legislation or is the data controller pursuant to the Data Protection Legislation, this Condition 20 and Annex 4 shall have mutual effect mutatis mutandis.

Freedom of Information and Data Protection. The Parties acknowledge that, in order Recipient acknowledges that the Council is subject to be compliant with the requirements of the Freedom of Information Xxx 0000, 0000 and the Environmental Information Regulations 2004, 2004 and will assist and cooperate with the Council (at the Recipient’s own expense) to enable the Council to comply with these information disclosure requirements. The Recipient accepts that the Council may share information about the Grant or the Activity with any other legislation governing access parties of the Council’s choice as well as members of the public who make a request under the Freedom of Information Xxx 0000 and the Environmental Information Regulations 2004 The Recipient will not respond directly to any request for information (unless expressly authorised to do so by the ‘FOI Legislation’), there may be an obligation to provide Council The Recipient will ensure that all information that relates produced in the course of this Grant Agreement or relating to this Grant Agreement is retained for disclosure and will permit the Council to inspect such records as requested from time to time. The Recipient (and any staff involved in connection with the activities under this Grant Agreement) will comply with any notification requirements under the Data Protection Act 1998 and both parties will observe all their obligations under the Data Protection Act 1998 which arise in connection with this Grant Agreement LIABILITY The Council accepts no liability for any consequences, which whether direct or indirect, that may include Confidential Informationcome about from the Recipient running the Activity, on request the use of the Grant or from withdrawal of the Grant. The Council will make every effort to pay the Grant Payment promptly but accepts no liability in respect of loss attributable to delay in the payment or to any suspension, reduction or cancellation of the Grant The Recipient will indemnify the Council, its employees, agents, officers or sub-contractors with respect to all claims, demands, actions, costs, expenses, losses, damages an all other liabilities arising from or incurred by reason of the actions and/or omissions of the Recipient in relation to the Activity, the non-fulfillment of obligations of the Recipient under this Grant Agreement or its obligation to third parties. In Subject to paragraph 15.1 and 15.2 above the event that any Party receives a request for information relating Council’s liability under this Grant Agreement is limited to the Agreement falling within the scope amount of the FOI LegislationGrant VARIATIONS The Council reserves the rights to vary, remove or impose additional requirements of the Grant(which shall for the avoidance of doubt include an increase or decrease in the amount of the Grant) and without prejudice to Clause 6, if: the Recipient is in breach of this Agreement which is of no fault of the Recipient and which may be remedied by a variation to this Grant Agreement; the Council withdraws any part of the funding of the Grant; the Council determines that Party the Recipient (or its volunteers, staff or any organisation closely involved in fulfilling the ‘Disclosing Party’obligations of this Grant Agreement) shall be entitled act in a way that it may have a detrimental effect on the Activity or on the Council’s reputation as a distributor of public money; if the Council has reasonable grounds to disclose such information as believe that it is necessary to comply with protect public money; the FOI Legislation. The Parties shall co-operate Council believes that such variations are necessary or desirable to make sure that the Activity is delivered as set out in order to enable the Disclosing Party to comply with its obligations under the FOI Legislation. Where Confidential Information relating to the Project is exempt from disclosure, it shall not be disclosed without the agreement Recipient’s Application or following any agreed changes; as a result of a change in Writing Council policy aspects of this Grant Agreement require amendment; and/or following receipt of the owning Party. The Disclosing Party shall not be liable for any loss, damage, harm or other detriment suffered by the other Party arising financial settlement from the disclosure of any information required by the FOI Legislation to be disclosed. AHDB maintains a database of its contracts including all those likely to have a value of £25,000 or more. AHDB recognises the importance of transparency in its procurement and contracting, and subject to any confidentiality obligations the contents of these contracts will be made available to interested persons on request. The Parties acknowledge that, except Welsh Government for any information which is exempt from disclosure in accordance with the provisions each financial year of the FOI Legislation, Grant Agreement. Save for the content of this Agreement is not Contractor’s Confidential Information. The Disclosing Party shall be responsible for determining whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOI Legislation. Notwithstanding any other term of this Agreement, each Researcher hereby gives its consent for AHDB to provide or publish to the general public the Agreement in whole or part, as it may be amended. The Researchers shall assist and co-operate with AHDB to enable AHDB to provide or publish this Agreement, including by identifying any matters which they consider to be confidential or otherwise exempt from disclosure under the FOI Legislation. AHDB will take any representation from the Researchers into fair and proper account. Subject to Condition 3.4.2, the Researchers shall not publicise or permit any other person to publicise the procurement, award, existence or content of this Agreement without the prior written permission of AHDB’s Director of Communications and Legal Services, which may be conditional and which shall not be unreasonably denied, delayed or withheld. For the avoidance of doubt, Condition 20.3 does not prevent: the disclosure by any Party of this Agreement or a draft thereof to a researcher or sub-contractor that is expected to act with the Researcher in relation to the Project so that it is aware of the relevant terms under which the Researcher will contract with the Funder. Commercially sensitive matter may be redacted. Similar conditions to those imposed on the Researcher under Condition 20.3 shall be imposed on the recipient. the disclosure of the RFA Terms or the AHDB Terms to any person. The Parties shall comply with the obligations contained in Annex 4 amendments required in respect of data processing Clause 16.1, no amendment or variation to this Grant Agreement or its Schedules will be effective unless agreed in writing by the Council and the protection of personal data within the meaning of the Data Protection Legislation. Insofar as a Researcher is subject to the FOI Legislation or is the data controller pursuant to the Data Protection Legislation, this Condition 20 and Annex 4 shall have mutual effect mutatis mutandisRecipient.

Freedom of Information and Data Protection. The Parties acknowledge that, in order to be compliant with the Freedom of Information Xxx 0000, the Environmental Information Regulations 2004, or any other legislation governing access to information (the ‘FOI Legislation’), there may be an obligation to provide information that relates to this AgreementContract, which may include Confidential Information, on request to third parties. In the event that any either Party receives a request for information relating to the Agreement Contract falling within the scope of the FOI Legislation, that Party (the ‘Disclosing Party’) shall be entitled to disclose such information as is necessary to comply with the FOI Legislation. The Parties shall co-operate in order to enable the Disclosing Party to comply with its obligations under the FOI Legislation. Where Confidential Information relating to the Project Contract is exempt from disclosure, it shall not be disclosed without the agreement in Writing of the owning Party. The Disclosing Party shall not be liable for any loss, damage, harm or other detriment suffered by the other Party arising from the disclosure of any information required by the FOI Legislation to be disclosed. AHDB maintains a database of its contracts including all those likely to have a value of £25,000 or more. AHDB recognises the importance of transparency in its procurement and contracting, and subject to any confidentiality obligations the contents of these contracts will be made available to interested persons on request. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOI Legislation, the content of this Agreement Contract is not Contractor’s Confidential Information. The Disclosing Party shall be responsible for determining whether any of the content of the Agreement Contract is exempt from disclosure in accordance with the provisions of the FOI Legislation. Notwithstanding any other term of this AgreementContract, each Researcher the Supplier hereby gives its consent for AHDB to provide or publish to the general public the Agreement Contract in whole or part, as it may be amended. The Researchers Supplier shall assist and co-operate with AHDB to enable AHDB to provide or publish this AgreementContract, including by identifying any matters which they consider it considers to be confidential or otherwise exempt from disclosure under the FOI Legislation. AHDB will take any representation from the Researchers Supplier into fair and proper account. Subject to Condition 3.4.2, the Researchers The Supplier shall not publicise or permit any other person to publicise the procurement, award, existence or content of this Agreement Contract without the prior written permission of AHDB’s Director of Communications and Legal Services, which may be conditional and which shall not be unreasonably denied, delayed or withheld. For the avoidance of doubt, Condition 20.3 16.3. does not prevent: the The disclosure by any Party of this Agreement Contract or a draft thereof to a researcher supplier or sub-contractor that is expected to act with the Researcher Supplier in relation to the Project supply of the Goods and Services so that it is aware of the relevant terms under which the Researcher Supplier will contract with the FunderAHDB. Commercially sensitive matter may be redacted. Similar conditions to those imposed on the Researcher Supplier under Condition 20.3 16.3. shall be imposed on the recipient. the disclosure of the RFA Terms or the AHDB Terms to any person. The Parties shall comply with the obligations contained in Annex 4 2 in respect of data processing and the protection of personal data within the meaning of the Data Protection LegislationDPL. Insofar as a Researcher the Supplier is subject to the FOI Legislation or is the data controller pursuant to the Data Protection LegislationDPL, this Condition 20 16. and Annex 4 2 shall have mutual effect mutatis mutandis.

Freedom of Information and Data Protection. The Parties acknowledge that, in order to be compliant with the Freedom of Information Xxx 0000, the Environmental Information Regulations 2004, or any other legislation governing access to information (the ‘FOI Legislation’), there may be an obligation to provide information that relates to this AgreementContract, which may include Confidential Information, on request to third parties. In the event that any either Party receives a request for information relating to the Agreement Contract falling within the scope of the FOI Legislation, that Party (the ‘Disclosing Party’) shall be entitled to disclose such information as is necessary to comply with the FOI Legislation. The Parties shall co-operate in order to enable the Disclosing Party to comply with its obligations under the FOI Legislation. Where Confidential Information relating to the Project Contract is exempt from disclosure, it shall not be disclosed without the agreement in Writing of the owning Party. The Disclosing Party shall not be liable for any loss, damage, harm or other detriment suffered by the other Party arising from the disclosure of any information required by the FOI Legislation to be disclosed. AHDB maintains a database of its contracts including all those likely to have a value of £25,000 or more. AHDB recognises the importance of transparency in its procurement and contracting, and subject to any confidentiality obligations the contents of these contracts will be made available to interested persons on request. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOI Legislation, the content of this Agreement Contract is not Contractor’s Confidential Information. The Disclosing Party shall be responsible for determining whether any of the content of the Agreement Contract is exempt from disclosure in accordance with the provisions of the FOI Legislation. Notwithstanding any other term of this AgreementContract, each Researcher the Supplier hereby gives its consent for AHDB to provide or publish to the general public the Agreement Contract in whole or part, as it may be amended. The Researchers Supplier shall assist and co-operate with AHDB to enable AHDB to provide or publish this AgreementContract, including by identifying any matters which they consider it considers to be confidential or otherwise exempt from disclosure under the FOI Legislation. AHDB will take any representation from the Researchers Supplier into fair and proper account. Subject to Condition 3.4.2, the Researchers The Supplier shall not publicise or permit any other person to publicise the procurement, award, existence or content of this Agreement Contract without the prior written permission of AHDB’s Director of Communications and Legal Services, which may be conditional and which shall not be unreasonably denied, delayed or withheld. For the avoidance of doubt, Condition 20.3 16.3 does not prevent: the The disclosure by any Party of this Agreement Contract or a draft thereof to a researcher supplier or sub-contractor that is expected to act with the Researcher Supplier in relation to the Project supply of the Goods and Services so that it is aware of the relevant terms under which the Researcher Supplier will contract with the FunderAHDB. Commercially sensitive matter may be redacted. Similar conditions to those imposed on the Researcher Supplier under Condition 20.3 16.3 shall be imposed on the recipient. the disclosure of the RFA Terms or the AHDB Terms to any person. The Parties shall comply with the obligations contained in Annex 4 2 in respect of data processing and the protection of personal data within the meaning of the Data Protection LegislationDPL. Insofar as a Researcher the Supplier is subject to the FOI Legislation or is the data controller pursuant to the Data Protection LegislationDPL, this Condition 20 16 and Annex 4 2 shall have mutual effect mutatis mutandis.

Freedom of Information and Data Protection. The Parties acknowledge that, in order to be compliant with the Freedom of Information Xxx 0000, the Environmental Information Regulations 2004, or any other legislation governing access to information (the ‘FOI Legislation’), there may be an obligation to provide information that relates to this Agreement, which may include Confidential Information, on request to third parties. In the event that any either Party receives a request for information relating to the Agreement falling within the scope of the FOI Legislation, that Party (the ‘Disclosing Party’) shall be entitled to disclose such information as is necessary to comply with the FOI Legislation. The Parties shall co-operate in order to enable the Disclosing Party to comply with its obligations under the FOI Legislation. Where Confidential Information relating to the Project is exempt from disclosure, it shall not be disclosed without the agreement in Writing of the owning Party. The Disclosing Party shall not be liable for any loss, damage, harm or other detriment suffered by the other Party arising from the disclosure of any information required by the FOI Legislation to be disclosed. AHDB maintains a database of its contracts including all those likely to have a value of £25,000 or more. AHDB recognises the importance of transparency in its procurement and contracting, and subject to any confidentiality obligations the contents of these contracts will be made available to interested persons on request. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOI Legislation, the content of this Agreement is not Contractor’s Confidential Information. The Disclosing Party shall be responsible for determining whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOI Legislation. Notwithstanding any other term of this Agreement, each the Researcher hereby gives its consent for AHDB to provide or publish to the general public the Agreement in whole or part, as it may be amended. The Researchers Researcher shall assist and co-operate with AHDB to enable AHDB to provide or publish this Agreement, including by identifying any matters which they consider it considers to be confidential or otherwise exempt from disclosure under the FOI Legislation. AHDB will take any representation from the Researchers Researcher into fair and proper account. Subject to Condition 3.4.2, the Researchers Researcher shall not publicise or permit any other person to publicise the procurement, award, existence or content of this Agreement without the prior written permission of AHDB’s Director of Communications and Legal Services, which may be conditional and which shall not be unreasonably denied, delayed or withheld. For the avoidance of doubt, Condition 20.3 does not prevent: the disclosure by any Party of this Agreement or a draft thereof to a researcher or sub-contractor that is expected to act with the Researcher in relation to the Project so that it is aware of the relevant terms under which the Researcher will contract with the FunderAHDB. Commercially sensitive matter may be redacted. Similar conditions to those imposed on the Researcher under Condition 20.3 shall be imposed on the recipient. the disclosure of the RFA Terms or the AHDB Terms to any person. The Parties shall comply with the obligations contained in Annex 4 in respect of data processing and the protection of personal data within the meaning of the Data Protection Legislation. Insofar as a the Researcher is subject to the FOI Legislation or is the data controller pursuant to the Data Protection Legislation, this Condition 20 and Annex 4 shall have mutual effect mutatis mutandis.