Obligations of secrecy. The Data Processing Agreement stipulates that the confidentiality provisions in the Public Administration Act shall apply correspondingly to the parties and any subcontractors. Furthermore, any party that processes personal health data in a personal health data filing 2 Case C-311/18 (Schrems II) system for therapeutic purposes pursuant to the Patient Records Act and/or in a personal health data filing system pursuant to the Personal Health Data Filing System Act, has an obligation of secrecy pursuant to Section 21 et seq of the Health Personnel Act. Other parties that are granted access to or knowledge of personal health data from a personal health data filing system for therapeutic purposes or personal health data filing system have the same obligation of secrecy. The parties shall take the necessary precautions to prevent unauthorised parties from gaining access to or knowledge of confidential material or information. The obligation of secrecy shall also apply after the conclusion of the assignment. Employees or others who resign from their position with one of the parties or their subcontractors shall be required to maintain secrecy regarding the matters referred to above, including following their resignation.
Obligations of secrecy. The Processor’s employees and other parties who act on behalf of the Processor in connection with the processing of personal health data in accordance with this Agreement, the Service/assignment agreement and subsequent written agreements between the parties shall be subject to an obligation of secrecy under this Agreement and applicable regulations. Persons who are authorised to process personal health data undertake to process the data confidentially. The same applies to any subcontractors. Employees and others who act on behalf of the Processor in connection with the processing of personal health data must have signed a confidentiality declaration. The provision shall apply correspondingly to subcontractors. The Processor shall ensure that anyone who processes personal data under the Agreement is aware of the obligation of secrecy. The parties shall also be subject to an obligation of secrecy concerning confidential information linked to each other’s activities which is disclosed in connection with the assignment. The parties shall be obliged to take the precautions that are necessary to ensure that material or data is not disclosed to others in breach of this provision. The obligation of secrecy shall also apply after termination of this Agreement.
Obligations of secrecy. Agents shall not, even after the agency agreement has ceased, use or disclose to third parties secrets of the principal that have been entrusted to them or that have come to their knowledge in the exercise of their activity, save where the rules of professional deontology so permit.
Obligations of secrecy. Members of the Board and staff of the Data Protection Authority, as well as others working on projects under the auspices of the Authority, are not authorised to disclose any information brought to their knowledge in the course of their work and covered by the obligation of professional secrecy. Provisions on professional secrecy shall not prevent the Data Protection Authority from providing foreign data protection authorities with information when necessary so that the Authority or the foreign data protection authority can decide or carry out operations to ensure data protection. In establishing terms pursuant to Article 33 of this Act, the Data Protection Authority may decide that the controller and the processor, as well as members of their staff, shall sign a declaration of professional secrecy regarding personal data brought to their knowledge in the course of processing such data. A controller or its representative shall attest to the signature of the employee and the date of such declaration and submit it to the Data Protection Authority within the prescribed time limit. The obligation of professional secrecy pursuant to paragraphs 1 and 3 shall remain in force even after the employment ceases.
