Common use of Information Sharing and Confidentiality Clause in Contracts

Information Sharing and Confidentiality. A. All nonpublic information shared pursuant to this MOU shall remain the property of the providing party unless that party states otherwise in writing. Except as otherwise required by applicable law, the parties shall take all actions reasonably necessary to preserve, protect, and maintain all privileges and claims of confidentiality related to all nonpublic information provided pursuant to this MOU, including, without limitation, Confidential Supervisory Information. Nothing in this MOU waives or alters any privilege, claim of confidentiality, or other protection applicable to information provided pursuant to this MOU. All information provided or received pursuant to this MOU shall be used only for official regulatory, supervisory, or law enforcement purposes. B. Except as otherwise authorized under this MOU, no further disclosure of nonpublic information may be made by the party receiving the information without the written permission of the party providing the information. C. In the event a third party makes a request (including, but not limited to, any demand, subpoena, court order or request made pursuant to the Freedom of Information Act or the Privacy Act) for access to or copies of nonpublic information received by one party from the other party, the party receiving the information shall: 1. As soon as practicable, notify the party providing the information of the third party request for such information in writing, including a copy of the request; 2. If the request is made pursuant to the Freedom of Information Act or the Privacy Act, refer, if practicable, such request for material obtained from a providing party back to that providing party for a direct response to the requester. If making such a referral is not practicable, the receiving party shall consult with the providing party in connection with its response to the requestor. 3. If the request is not made pursuant to the Freedom of Information Act or the Privacy Act, before complying with the third party request, consult with the providing party and, to the extent applicable, give the providing party a reasonable opportunity to respond to the demand or request and to assert all reasonable and appropriate legal exemptions or privileges that the party providing the information may request be asserted on its behalf; and 4. Consent to an application by the party providing the information to intervene in any action to preserve, protect, and maintain the confidentiality of such information or any related privilege. D. Nothing in this MOU shall prevent a party from complying with a legally valid and enforceable order of a court of the United States or, if deemed compulsory, an official request from the United States Congress, or any committee thereof. E. Nothing in this MOU shall be deemed to waive or alter any existing statutory or regulatory requirements governing the disclosure of nonpublic information. Each party will maintain such nonpublic information in a manner that conforms to the standards that apply to federal agencies for the protection of the confidentiality of nonpublic information and personally identifiable information and for data security and integrity, including the Privacy Act, 5 U.S.C. § 552a; the Freedom of Information Act, 5 U.S.C. § 552; Sections 6(f) and 21 of the FTC Act, 15 U.S.C. § § 46(f), 57b-2; Commission Rules 4.9 - 4.11, 16 C.F.R. § § 4.9 - 4.11; and the CFPB’s Rules, 12 C.F.R. Part 1070.

Information Sharing and Confidentiality. A. All nonpublic information shared pursuant to this MOU shall remain the property of the providing party unless that party states otherwise in writing. Except as otherwise required by applicable law, the parties shall take all actions reasonably necessary to preserve, protect, and maintain all privileges and claims of confidentiality related to all nonpublic information provided pursuant to this MOU, including, without limitation, limitation Confidential Supervisory Information. Nothing in this MOU waives or alters any privilege, claim of confidentiality, or other protection applicable to information provided pursuant to this MOU. All information provided or received pursuant to this MOU shall be used only for official regulatory, supervisory, or law enforcement purposes. B. Except as otherwise authorized under this MOU, no further disclosure of nonpublic information may be made by the party receiving the information without the written permission of the party providing the information. C. In the event a third party makes a request (including, but not limited to, any demand, subpoena, court order or request made pursuant to the Freedom of Information Act or the Privacy Act) for access to or copies of nonpublic information received by one party from the other party, the party receiving the information shall: 1. As soon as practicable, notify the party providing the information of the third party request for such information in writing, including a copy of the request; 2. If the request is made pursuant to the Freedom of Information Act or the Privacy Act, refer, if practicable, such request for material obtained from a providing party back to that providing party for a direct response to the requester. If making such a referral is not practicable, the receiving party shall consult with the providing party in connection with its response to the requestor. 3. If the request is not made pursuant to the Freedom of Information Act or the Privacy Act, before complying with the third party request, consult with the providing party and, to the extent applicable, give the providing party a reasonable opportunity to respond to the demand or request and to assert all reasonable and appropriate legal exemptions or privileges that the party providing the information may request be asserted on its behalf; and 4. Consent to an application by the party providing the information to intervene in any action to preserve, protect, and maintain the confidentiality of such information or any related privilege. D. Nothing in this MOU shall prevent a party from complying with a legally valid and enforceable order of a court of the United States or, if deemed compulsory, an official request from the United States Congress, or any committee thereof. E. Nothing in this MOU shall be deemed to waive or alter any existing statutory or regulatory requirements governing the disclosure of nonpublic information. Each party will maintain such nonpublic information in a manner that conforms to the standards that apply to federal agencies for the protection of the confidentiality of nonpublic information and personally identifiable information and for data security and integrity, including the Privacy Act, 5 U.S.C. § 552a; the Freedom of Information Act, 5 U.S.C. § 552; Sections 6(f) and 21 of the FTC Act, 15 U.S.C. § § 46(f), 57b-2; Commission Rules 4.9 - 4.9- 4.11, 16 C.F.R. § § 4.9 - 4.9- 4.11; and the CFPB’s Rules, 12 C.F.R. Part 1070.

Information Sharing and Confidentiality. A. All nonpublic information shared pursuant to this MOU shall remain the property theproperty of the providing party agency unless that party agency states otherwise in writing. Except as otherwise required requir ed by applicable lawla w, the parties agencies shall take all actions reasonably necessary to preserve, protect, and maintain all privileges and claims of confidentiality related to all nonpublic information provided pursuant to this MOU, including, without limitation, limitation Confidential Supervisory Information. Nothing in this MOU waives or alters any privilege, claim of confidentiality, or other protection applicable to information provided pursuant to this MOU. All information provided or received pursuant to this MOU shall be used only for official regulatory, supervisory, or law enforcement purposes. B. Except as otherwise ot_herwise authorized under this MOU, no further disclosure of nonpublic information may be made by the party agency receiving the information without the written permission of the party agency providing the information. C. In the event a third party makes a request (includinginclu ding, but not limited to, any demanddemand , subpoena, court order or request made pursuant to the Freedom of Information Act or the Privacy Act) for access to or copies of nonpublic information received by one party agency from the other partyagency, the party agency receiving the information shall: 1. As soon as practicable, notify the party agency providing the information of the third party request for such information in writing, including a copy of the requestrequest ; 2. If the request is made pursuant to the Freedom of Information Act or the Privacy Act, refer, if practicable, such request for material obtained from a providing party agency back to that providing party agency for a direct response to the requester. If making such a referral is not practicable, the receiving party agency shall consult with the providing party agency in connection with its response to the requestor. 3. If the request is not made pursuant to the Freedom of Information Act or the Privacy Act, before complying with the third party request, consult with the providing party agency and, to the extent applicable, give the providing party agency a reasonable opportunity to respond to the demand or request and to assert all reasonable and appropriate legal exemptions or privileges that the party agency providing the information may request be asserted on its behalf; and 4. Consent to an application by the party agency providing the information to intervene in any action to preserve, protect, and maintain the confidentiality of such information or any related privilege. D. Nothing in this MOU shall prevent a party from an agencyfrom complying with a legally valid and enforceable order of a court of the United States or, if deemed compulsorycompu lsor y, an official request from the United States Congress, or any committee thereof. E. Nothing in this MOU shall be deemed to waive or alter any existing statutory or regulatory requirements governing the disclosure of nonpublic information. Each party agency will maintain such nonpublic information in a manner that conforms to the standards that apply to federal agencies for the protection of the confidentiality of nonpublic information and personally identifiable information and for data security and integrity, including the Privacy Act, 5 U.S.C. § 552a; the Freedom of Information Act, 5 U.S.C. § 552; Sections 6(f) and 21 of the FTC Act, 15 U.S.C. § § 46(f), 57b-2; Commission Rules 4.9 - 4.9- 4.11, 16 C.F.R. § § 4.9 - 4.114.11 ; and the CFPB’s 's Rules, 12 C.F.R. Part 1070I 070.