Common use of Information; Confidentiality Clause in Contracts

Information; Confidentiality. 4.1 We are a “public authority” for the purposes of Freedom of Information Act 2000 (“FOIA”). Subject to certain exemptions, we are required to supply information to members of the public on request. This potentially includes any information which relates to your business and the work you will do for us under this Contract. 4.2 In addition, from 1 January 2011 we are required by the Government to proactively make all contracts over £10,000 in net value publically available, by publishing them on the appropriate central government website. This includes any information you supplied to us during the tender process. 4.3 You and we acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not confidential information. We shall be responsible for determining in our absolute discretion whether any of the content of this Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, you hereby give your consent for us to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including from time to time agreed changes to the Contract, to the general public. 4.4 We will not be liable for any loss or damage you may suffer from our disclosure of information under the FOIA or from making the Contract publically available in accordance with clause 4.3 above. 4.5 This clause will not affect your rights under the Data Protection Act 1998 (“DPA””). 4.6 If you are handling or processing data on our behalf you must ensure that you are registered with the Information Commissioner's Office if required under the DPA. Both we and you will duly observe all our obligations under the DPA which arise in connection with the Contract. 4.7 Where you are processing personal data and or sensitive personal data (as defined in sections 1 and 2 of the DPA) as a data processor for us as Data Controller (as defined by the DPA) you must: 4.7.1 ensure that you have in place appropriate technical and organisational measures to ensure the security of the personal data; 4.7.2 guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data, as required under the Seventh Data Protection Principle in Schedule 1 to the DPA; 4.7.3 provide us with such information as we may reasonably require to satisfy us that you are complying with your obligations under the DPA; 4.7.4 promptly notify us of any breach of the security measures referred to in sub-clause 4.7.1 above; 4.7.5 ensure that you do not knowingly or negligently do anything which places or is likely to place us in breach of our obligations under the DPA; and 4.7.6 comply with all reasonable directions or requests from us regarding any data that you process on our behalf; 4.8 Subject to clauses 4.1 to 4.4 inclusive, at no time may either party give any confidential information to any other person unless: 4.8.1 disclosure is required by law; and/or 4.8.2 it has obtained the other party's written consent; 4.8.3 the information is already in the public domain; 4.8.4 disclosure is necessary to ensure the services are performed properly.

Information; Confidentiality. 4.1 We are a “"public authority” " for the purposes of the Freedom of Information Act 2000 Axx 0000 (“"FOIA”"). Subject to certain exemptions, we are required to supply information to members of the public on request. This potentially includes any information which relates to your business and the work you will do for us under this Contract. 4.2 In addition, from 1 January 2011 we are required by the Government to proactively make all contracts over £10,000 in net value publically available, by publishing them on the appropriate central government website. This includes any information you supplied to us during the tender process. 4.3 You and we acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not confidential information. We shall be responsible for determining in our absolute discretion whether any of the content of this Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, you hereby give your consent for us to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including from time to time agreed changes to the Contract, to the general public. 4.4 We will not be liable for any loss or damage you may suffer from our disclosure of information under the FOIA or from making the Contract publically available in accordance with clause 4.3 4 c) above. 4.5 This clause will not affect your rights under the Data Protection Act 1998 Axx 0000 (“"DPA””"). 4.6 If you are handling or processing data on our behalf you must ensure that you are registered with the Information Commissioner's Office if required under the DPA. Both we and you will duly observe all our obligations under the DPA which arise in connection with the Contract. 4.7 Where you are processing personal data and or sensitive personal data (as defined in sections 1 and 2 of the DPA) as a data processor for us as Data Controller (as defined by the DPA) you must: 4.7.1 ensure that you have in place appropriate technical and organisational measures to ensure the security of the personal data; 4.7.2 guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data, as required under the Seventh Data Protection Principle in Schedule 1 to the DPA; 4.7.3 provide us with such information as we may reasonably require to satisfy us that you are complying with your obligations under the DPA; 4.7.4 promptly notify us of any breach of the security measures referred to in sub-clause 4.7.1 above; 4.7.5 ensure that you do not knowingly or negligently do anything which places or is likely to place us in breach of our obligations under the DPA; and 4.7.6 comply with all reasonable directions or requests from us regarding any data that you process on our behalf;. 4.8 Subject to clauses 4.1 to 4.4 inclusive, at no time may either party give any confidential information to any other person unless: 4.8.1 4.8.1. disclosure is required by law; and/or 4.8.2 it has obtained the other party's written consent; 4.8.3 the information is already in the public domain; 4.8.4 disclosure is necessary to ensure the services are performed properly.