Common use of OBLIGATIONS OF THE DATA CONTROLLER Clause in Contracts

OBLIGATIONS OF THE DATA CONTROLLER. 5.1 The Healthcare Organisation and eConsult acknowledge that, for the purpose of the Data Protection Legislation; 5.1.1 the Healthcare Organisation is the Controller and eConsult is the Processor; 5.1.2 the Healthcare Organisation retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including but not limited to providing any required notices and obtaining any required consents, and for the processing instructions it gives to eConsult. 5.2 The Healthcare Organisation warrants and represents that eConsult's processing of Personal Data as contemplated under this Data Processing Agreement will comply with the Data Protection Legislation. 5.3 The Healthcare Organisation acknowledges that: 5.3.1 it is responsible for ensuring its use of eConsult to communicate with Data Subjects is appropriate and complies with Data Protection Legislation; and 5.3.2 it must not use the Services in a manner which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive. 5.4 The Schedule to this Agreement has been reviewed and approved by the Healthcare Organisation and sets out: 5.4.1 the types of Personal Data and categories of Data Subject whose Personal Data are Processed; 5.4.2 the categories of Processing carried out under this Data Processing Agreement; and 5.4.3 a description of the technical and organisational measures adopted by eConsult to protect the Personal Data. 5.5 eConsult shall create and maintain a register which includes the details set out in the Schedule, as well as each transfer of Personal Data to a territory outside of the UK and, where relevant, the documentation of suitable safeguards.

OBLIGATIONS OF THE DATA CONTROLLER. 5.1 The Healthcare Organisation and eConsult accuRx acknowledge that, for the purpose of the Data Protection Legislation;: 5.1.1 the Healthcare Organisation is the Controller and eConsult accuRx is the Processor; 5.1.2 the Healthcare Organisation retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including but not limited to providing any required notices and obtaining any required consents, and for the processing instructions it gives to eConsultaccuRx. 5.2 The Healthcare Organisation warrants and represents that eConsultaccuRx's processing of Personal Data as contemplated under this Data Processing Agreement will comply with the Data Protection Legislation. 5.3 The Healthcare Organisation acknowledges that: 5.3.1 it is responsible for ensuring its use of eConsult accuRx to communicate with Data Subjects is appropriate and complies with Data Protection Legislation; and 5.3.2 it must not use the Services in a manner which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive. 5.4 The Schedule to this Agreement has been reviewed and approved by the Healthcare Organisation and sets out: 5.4.1 the types of Personal Data and categories of Data Subject whose Personal Data are Processed; 5.4.2 the categories of Processing carried out under this Data Processing Agreement; and 5.4.3 a description of the technical and organisational measures adopted by eConsult accuRx to protect the Personal Data. 5.5 eConsult accuRx shall create and maintain a register which includes the details set out in the Schedule, as well as each transfer of Personal Data to a territory outside of the UK and the European Economic Area and, where relevant, the documentation of suitable safeguards.

OBLIGATIONS OF THE DATA CONTROLLER. 5.1 5.1. The Healthcare Organisation and eConsult acknowledge that, for the purpose of the Data Protection Legislation; 5.1.1 5.1.1. the Healthcare Organisation is the Controller and eConsult is the Processor; 5.1.2 5.1.2. the Healthcare Organisation retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including but not limited to providing any required notices and obtaining any required consents, and for the processing instructions it gives to eConsult. 5.2 5.2. The Healthcare Organisation warrants and represents that eConsult's processing of Personal Data as contemplated under this Data Processing Agreement will comply with the Data Protection Legislation. 5.3 5.3. The Healthcare Organisation acknowledges that: 5.3.1 5.3.1. it is responsible for ensuring its use of eConsult to communicate with Data Subjects is appropriate and complies with Data Protection Legislation; and 5.3.2 5.3.2. it must not use the Services in a manner which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive. 5.4 5.4. The Schedule to this Agreement has been reviewed and approved by the Healthcare Organisation and sets out: 5.4.1 5.4.1. the types of Personal Data and categories of Data Subject whose Personal Data are Processed; 5.4.2 5.4.2. the categories of Processing carried out under this Data Processing Agreement; and 5.4.3 5.4.3. a description of the technical and organisational measures adopted by eConsult to protect the Personal Data. 5.5 5.5. eConsult shall create and maintain a register which includes the details set out in the Schedule, as well as each transfer of Personal Data to a territory outside of the UK and, where relevant, the documentation of suitable safeguards.