Common use of Privacy and Data Protection Laws Clause in Contracts

Privacy and Data Protection Laws. (a) Each Party warrants and agrees to: (i) Comply with all applicable Data Protection Laws in the Processing of Personal Data for the purpose of the provision of the Services under this Agreement; (ii) Execute the Data Processing Agreement where applicable and required by Data Protection Laws. Subject to Section 5.3 (a)(iii) below, should any agreements between the Parties, including this Agreement, be in conflict with the provisions of the Data Processing Agreement, the latter agreement shall control; (iii) Process Personal Data solely as required by the Agreement and the Data Processing Agreement; (iv) Execute the EU Standard Contractual Clauses, UK Standard Contractual Clauses and/or Swiss Standard Contractual Clauses where applicable and consistent with applicable Data Protection Laws. As required by Clause 5 of the EU Standard Contractual Clauses, the EU Standard Contractual Clauses shall prevail over any other term of the Data Processing Agreement and this Agreement; (v) Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk; and (vi) Comply with all applicable Data Protection Laws that are or that may in the future be applicable to the provision of the Services under this Agreement. (b) Each Party acknowledges that it and members of its Group may presently and, following the Effective Time, Process Personal Data (including personal health information) relating to a Data Subject (i) that was received under privacy policies and data protection notices prior to the Effective Time; or (ii) that, as between the Parties, was originally collected by the other Party or members of such other Party’s Group and that may be subject to privacy policies and data protection notices, as well as applicable Data Protection Laws or other applicable Laws. (c) In the event of a modification of the Services in accordance with Section 3.4, each Party agrees and acknowledges that the Data Processing Agreement shall be amended to reflect any further instructions of the Controller regarding the Processing of Personal Data.

Privacy and Data Protection Laws. (ai) Each Party warrants and agrees tomembers of its Group shall: (iA) Comply comply with all applicable Data Protection Laws in the Processing of Personal Data and to Process Personal Data solely as required by the Agreement and limited to that which is necessary for the purpose of performing the provision Party’s obligations under the Agreement, subject to the requirements of the Services under this AgreementData Protection Laws; (iiB) Execute execute a data processing agreement (the “Data Processing Agreement where applicable and required by Agreement”), in accordance with Data Protection Laws. Subject , where one Party is a Processor (or Sub-Processor) acting on behalf of the other Party for the purpose of Processing Personal Data; provided that, subject to Section 5.3 (a)(iii) below3.03(d)(i)(C), should any agreements between the Parties, including this Agreement, be in conflict with the provisions of the a Data Processing Agreement, the latter agreement Data Processing Agreement shall control; (iiiC) Process Personal Data solely as required by the Agreement and the Data Processing Agreement; (iv) Execute execute the EU Standard Contractual Clauses, UK Standard Contractual Clauses and/or and Swiss Standard Contractual Clauses where applicable and consistent with required by applicable European Data Protection Laws. As ; provided that in the event that there is any conflict between this Agreement or any Data Processing Agreement, on the one hand, and the EU Standard Contractual Clauses, on the other hand, then as required by Clause 5 of the EU Standard Contractual Clauses, the EU Standard Contractual Clauses shall prevail over any other term of the Data Processing Agreement and this Agreement;control; and (vD) Implement implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk; and (vi) Comply with all applicable Data Protection Laws that are or that may in the future be applicable to the provision of the Services under this Agreement. (bii) Each Party acknowledges that it and members of its Group may presently and, following the Effective Time, Process Personal Data (including personal health information) relating to a Data Subject Subjects (iA) that was received under privacy policies and data protection notices prior to the Effective Time; Time or (iiB) that, as between the Parties, was originally collected by the other Party or members of such other Party’s Group prior to the Effective Time and that may be subject to privacy policies and data protection notices, as well as applicable Data Protection Laws or other applicable Laws. . Each Party agrees that it shall hold, protect and use, and shall cause the members of its Group and its and their respective Representatives to hold, protect and use, in strict confidence the Personal Data (cincluding personal health information) In the event of a modification of the Services relating to Data Subjects in accordance with Section 3.4, each Party agrees the obligations outlined in the applicable privacy policies and acknowledges that the data protection notices and applicable Data Processing Agreement shall be amended to reflect any further instructions of the Controller regarding the Processing of Personal DataProtection Laws or other applicable Laws.