Service Provider Sensitive Information. 20.1. The Purchaser must: 20.1.1. treat all Service Provider Sensitive Information as confidential and safeguard it accordingly; and 20.1.2. not disclose any Service Provider Sensitive Information to any other person without the prior written consent of the Service Provider. 20.2. Clause 17.1 does not apply to the extent that: 20.2.1. disclosure is required by law or by order of any competent court or tribunal; 20.2.2. information is in the possession of the Purchaser without restriction as to its disclosure prior to its disclosure by the Service Provider; 20.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure; 20.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or 20.2.5. information is independently developed without access to the Service Provider Sensitive Information. 20.3. Nothing in this Contract prevents the Purchaser from disclosing any Service Provider Sensitive Information or any other information concerning the Service Provider or the Contract: 20.3.1. pursuant to a Request for Information concerning the information (see clause 18 (Transparency and Freedom of Information); 20.3.2. in accordance with the Purchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time; 20.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) Xxx 0000; 20.3.4. in accordance with any future policies of the Purchaser concerning the routine disclosure of government information in the interests of transparency; 20.3.5. to any consultant, Service Provider or other person engaged by the Purchaser, for example to conduct a gateway review; 20.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament , a member of the United Kingdom Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Purchaser shall if the Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Purchaser provides to Members of the Scottish Parliament or Members of the United Kingdom Parliament; 20.3.7. in response to any inquiry of the European Commission concerning the Contract; or
Appears in 8 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Service Provider Sensitive Information. 20.1. The Purchaser must:
20.1.1. treat all Service Provider Sensitive Information as confidential and safeguard it accordingly; and
20.1.2. not disclose any Service Provider Sensitive Information to any other person without the prior written consent of the Service Provider.
20.2. Clause 17.1 does not apply to the extent that:
20.2.1. disclosure is required by law or by order of any competent court or tribunal;
20.2.2. information is in the possession of the Purchaser without restriction as to its disclosure prior to its disclosure by the Service Provider;
20.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
20.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or
20.2.5. information is independently developed without access to the Service Provider Sensitive Information.
20.3. Nothing in this Contract prevents the Purchaser from disclosing any Service Provider Sensitive Information or any other information concerning the Service Provider or the Contract:
20.3.1. pursuant to a Request for Information concerning the information (see clause 18 (Transparency and Freedom of Information);
20.3.2. in accordance with the Purchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
20.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) Xxx 0000;
20.3.4. in accordance with any future policies of the Purchaser concerning the routine disclosure of government information in the interests of transparency;
20.3.5. to any consultant, Service Provider or other person engaged by the Purchaser, for example to conduct a gateway review;
20.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament , a member of the United Kingdom Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Purchaser shall if the Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Purchaser provides to Members of the Scottish Parliament or Members of the United Kingdom Parliament;
20.3.7. in response to any inquiry of the European Commission concerning the Contract; or
20.3.8. for the purpose of any examination by any auditors of the Purchaser (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Purchaser has used its resources.
20.4. The Service Provider consents to the publication of the Contract by the Purchaser, subject to such redactions as the Purchaser may decide to make. The Purchaser may consult with the Service Provider to inform its decisions concerning redaction (for example to exclude any Service Provider Sensitive Information) but any decisions taken by the Purchaser are final and conclusive.
Appears in 6 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Service Provider Sensitive Information. 20.118.1. The Purchaser Authority must:
20.1.118.1.1. treat all Service Provider Sensitive Information as confidential and safeguard it accordingly; and
20.1.218.1.2. not disclose any Service Provider Sensitive Information to any other person without the prior written consent of the Service Provider.
20.218.2. Clause 17.1 18.1 does not apply to the extent that:
20.2.118.2.1. disclosure is required by law Law or by order of any competent court or tribunal;
20.2.218.2.2. information is in the possession of the Purchaser Authority without restriction as to its disclosure prior to its disclosure by the Service Provider;
20.2.318.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
20.2.418.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the this Contract; or
20.2.518.2.5. information is independently developed without access to the Service Provider Sensitive Information.
20.318.3. Nothing in this Contract prevents the Purchaser Authority from disclosing any Service Provider Sensitive Information or any other information concerning the Service Provider or the Contract:
20.3.118.3.1. pursuant to a Request for Information concerning the information (see clause 18 15 (Transparency and Freedom of Information));
20.3.218.3.2. in accordance with the PurchaserAuthority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
20.3.318.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) Xxx 0000;
20.3.418.3.4. in accordance with any future policies of the Purchaser Authority concerning the routine disclosure of government information in the interests of transparency;
20.3.518.3.5. to any consultant, Service Provider service provider or other person engaged by the PurchaserAuthority, for example to conduct a gateway review;
20.3.618.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament Parliament, a member of the United Kingdom Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties Parties that the Purchaser Authority shall if the Purchaser Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Purchaser Authority provides to Members of the Scottish Parliament or Members of the United Kingdom Parliament;
20.3.718.3.7. in response to any inquiry of the European Commission concerning the this Contract; or
18.3.8. for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
18.4. The Service Provider consents to the publication of this Contract by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Service Provider to inform its decisions concerning redaction (for example to exclude any Service Provider Sensitive Information) but any decisions taken by the Authority are final and conclusive.
Appears in 1 contract
Samples: Services Contract
Service Provider Sensitive Information. 20.1. 17.1 The Purchaser must:
20.1.1. 17.1.1 treat all Service Provider Sensitive Information as confidential and safeguard it accordingly; and
20.1.2. 17.1.2 not disclose any Service Provider Sensitive Information to any other person without the prior written consent of the Service Provider.
20.2. 17.2 Clause 17.1 does not apply to the extent that:
20.2.1. 17.2.1 disclosure is required by law or by order of any competent court or tribunal;
20.2.2. 17.2.2 information is in the possession of the Purchaser without restriction as to its disclosure prior to its disclosure by the Service Provider;
20.2.3. 17.2.3 information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
20.2.4. 17.2.4 information is already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or
20.2.5. 17.2.5 information is independently developed without access to the Service Provider Sensitive Information.
20.3. 17.3 Nothing in this Contract prevents the Purchaser from disclosing any Service Provider Sensitive Information or any other information concerning the Service Provider or the Contract:
20.3.1. 17.3.1 pursuant to a Request for Information concerning the information (see provided that any such disclosure shall be made in accordance with clause 18 15) (Transparency and Freedom of Information);
20.3.2. 17.3.2 in accordance with the Purchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
20.3.3. 17.3.3 in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) Xxx 0000;
20.3.4. 17.3.4 in accordance with any future policies of the Purchaser concerning the routine disclosure of government information in the interests of transparency;
20.3.5. 17.3.5 to any consultant, Service Provider or other person engaged by the Purchaser, for example to conduct a gateway review;
20.3.6. 17.3.6 in response to a Parliamentary Question from a Member of the Scottish Parliament , a member of the United Kingdom Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Purchaser shall if the Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Purchaser provides to Members of the Scottish Parliament or Members of the United Kingdom Parliament;
20.3.7. 17.3.7 in response to any inquiry of the European Commission concerning the Contract; or
Appears in 1 contract
Samples: Framework Agreement
Service Provider Sensitive Information. 20.117.1. The Purchaser must:
20.1.117.1.1. treat all Service Provider Sensitive Information as confidential and safeguard it accordingly; and
20.1.217.1.2. not disclose any Service Provider Sensitive Information to any other person without the prior written consent of the Service Provider.
20.217.2. Clause 17.1 does not apply to the extent that:
20.2.117.2.1. disclosure is required by law or by order of any competent court or tribunal;
20.2.217.2.2. information is in the possession of the Purchaser without restriction as to its disclosure prior to its disclosure by the Service Provider;
20.2.317.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
20.2.417.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or
20.2.517.2.5. information is independently developed without access to the Service Provider Sensitive Information.
20.317.3. Nothing in this Contract prevents the Purchaser from disclosing any Service Provider Sensitive Information or any other information concerning the Service Provider or the Contract:
20.3.117.3.1. pursuant to a Request for Information concerning the information (see clause 18 15 (Transparency and Freedom of Information);
20.3.217.3.2. in accordance with the Purchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
20.3.317.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) Xxx 0000;
20.3.417.3.4. in accordance with any future policies of the Purchaser concerning the routine disclosure of government information in the interests of transparency;
20.3.517.3.5. to any consultant, Service Provider or other person engaged by the Purchaser, for example to conduct a gateway review;
20.3.617.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament , a member of the United Kingdom Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Purchaser shall if the Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Purchaser provides to Members of the Scottish Parliament or Members of the United Kingdom Parliament;
20.3.717.3.7. in response to any inquiry of the European Commission concerning the Contract; or
Appears in 1 contract
Samples: Framework Agreement
