Key Legislation and Guidance Sample Clauses

Key Legislation and Guidance. The following legislation and guidance is provided to support and facilitate information sharing between agreed partner organisations, and is not to be used a barrier. The EU GDPR (General Data Protection Regulation) is a pan-European data protection law, which superseded the EU’s 1995 Data Protection Directive 5th May 2018. The EU GDPR extends the data rights of individuals (data subjects) and places a range of new obligations on organisations that process EU residents’ personal data. The UK DPA (Data Protection Act) 2018 modifies the EU GDPR by filling in the sections of the Regulation that were left to individual member states to interpret and implement. It also applies a “broadly equivalent regime” – known as “the applied GDPR” – to certain types of processing that are outside the EU GDPR’s scope, including processing by public authorities, and sets out data processing regimes for law enforcement processing and intelligence processes. The EU GDPR and DPA 2018 should therefore be read together. The UK Data Protection Act (DPA) 2018 is a comprehensive, modern data protection law for the UK, which came into force on 25th May 2018 – the same day as the EU GDPR (General Data Protection Regulation). The DPA 2018 enacts the GDPR into UK law. The following principles must be applied to all processing of personal data:
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Key Legislation and Guidance. The Partner Organisations are subject to a variety of legal obligations, and statutory and other guidance in relation to the sharing and disclosure of information, including (without limitation):  Data Protection Xxx 0000Human Rights Xxx 0000Common Law Duty of ConfidenceCaldicott Principles  ICO Data Sharing Code of Practice  Confidentiality: NHS Code of Practice  HSCIC: A guide to confidentiality in health and social careNHS England Information Governance and Risk Stratification: Advice and Options for CCGs and GPs  Department of Health: Information Security: NHS Code of Practice
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Key Legislation and Guidance. The Data Protection Act 1998 For further information on the Act's practical implication contact the Trust's or the Council's Data Protection Officer. Caldicott Committee Report For further information on the implication of the Caldicott Committee Report contact the Trusts or the Council's Caldicott Guardian. Consent Personal information Service user APPENDIX I APPENDIX J APPENDIX K
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Key Legislation and Guidance. 3.1.1 Since 1 March 2000, the key legislation governing the protection and use of identifiable Service User information (Personal Data) has been the Data Protection Xxx 0000 (referred to as “DPA 1998” in the rest of this Protocol). Any information sharing by the Parties requires to be both ‘intra xxxxx’ i.e. within their legal powers and compliant with the DPA 1998. If a Party acts outwith its legal powers, even compliance with the DPA 1998 cannot render that act lawful. There is no general statutory power to share information. Express powers to share information are relatively rare and are usually restricted to specific activities. However, the Parties, as public authorities, have various general powers which allow them to carry out their functions, from which power to share information can often be implied. In general, unless there is a specific prohibition or restriction on a particular information sharing exercise, the key consideration will be whether the information can be shared in accordance with the DPA 1998. 3.1.2 The DPA 1998 does not apply to information relating to the deceased. However, this Protocol establishes measures to safeguard the details of those who are deceased, as set out in Clauses 1.5.6 to 1.5.8. Personal data means any information relating to a living individual who can be identified from that information alone or from that information and other information held or likely to come into the possession of the “data controller” and includes any expression of opinion and any indication of intention about the individual. The “data controller” is the Party responsible for determining how and why the data are processed.
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Key Legislation and Guidance. 3.1.1 This protocol does not attempt to restate the statutory framework with which the Project Sponsors must operate. It does however recognise that in sharing information the organisations will seek to comply with all relevant legislation and guidance. 3.1.2 Key Legislation under the Date Protection Xxx 0000, The Crime and Disorder Xxx 0000, The Human Rights Xxx 0000 and the Common Law Duty of Confidence. 3.1.3 All staff have an obligation to safeguard the confidentiality of personal information. This is governed by law, contracts of employment and, in many cases, by codes of conduct.
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Related to Key Legislation and Guidance

  • Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation.

  • Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement.

  • Privacy Legislation The parties acknowledge that federal and/or provincial legislation that addresses the protection of individual’s personal information (collectively, “Privacy Laws”) applies to obligations and activities under this Agreement. Despite any other provision of this Agreement, neither party will take or direct any action that would contravene, or cause the other to contravene, applicable Privacy Laws. The Corporation will, prior to transferring or causing to be transferred personal information to the Rights Agent, obtain and retain required consents of the relevant individuals to the collection, use and disclosure of their personal information, or will have determined that such consents either have previously been given upon which the parties can rely or are not required under the Privacy Laws. The Rights Agent will use commercially reasonable efforts to ensure that its services hereunder comply with Privacy Laws.

  • Compliance with Legislation Should any term of this Agreement fail to comply with a mandatory minimum standard or requirement imposed by applicable legislation, then the minimum standard or requirement shall apply in place of the offending term of this Agreement, and shall constitute the rights and obligations of the Parties in that respect.

  • Compliance with Money Laundering Legislation The Rights Agent shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Rights Agent reasonably determines that such an act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Rights Agent reasonably determine at any time that its acting under this Agreement has resulted in it being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on 10 days' written notice to the Corporation, provided: (i) that the Rights Agent's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Rights Agent's satisfaction within such 10-day period, then such resignation shall not be effective.

  • Health Insurance Portability and Accountability Act of 1996 This paragraph was intentionally left blank.

  • Applicable Legislation If and to the extent that any provision of this Agreement limits, qualifies or conflicts with a mandatory requirement of Applicable Legislation, the mandatory requirement will prevail. The Corporation and the Subscription Receipt Agent each will at all times in relation to this Agreement and any action to be taken hereunder observe and comply with and be entitled to the benefits of Applicable Legislation.

  • Anti-Money Laundering Legislation (a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, government sanction and “know your client” laws, under the laws of Canada (collectively, including any guidelines or orders thereunder, “AML Legislation”), Agent and Lenders may be required to obtain, verify and record information regarding each Loan Party, its respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of such Loan Party, and the transactions contemplated hereby. Administrative Borrower shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or Agent, or any prospective assign or participant of a Lender or Agent, necessary in order to comply with any applicable AML Legislation, whether now or hereafter in existence. (b) If Agent has ascertained the identity of any Loan Party or any authorized signatories of any Loan Party for the purposes of applicable AML Legislation, then the Agent: (i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a “written agreement” in such regard between each Lender and the Agent within the meaning of applicable AML Legislation; and (ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness. (c) Notwithstanding the provisions of this Section and except as may otherwise be agreed in writing, each Lender agrees that Agent has no obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from the Loan Parties or any such authorized signatory in doing so.

  • Future Legislation In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered.

  • Legislation Any reference in this Agreement to any legislation (whether primary legislation or regulations or other subsidiary legislation made pursuant to primary legislation) shall be construed as a reference to such legislation as the same may have been, or may from time to time be, amended or re-enacted.

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