Secrecy, Data Protection Musterklauseln
Secrecy, Data Protection. 8.1 The parties are mutually obliged to maintain secrecy about any business or other matters that they come to know within the frame of the performance of this contract with regard to the parties as well as other companies which do business with or are related to them, and not to use such information for any other purpose but the originally intended one, unless they release each other from the secrecy obligation in writing, or unless compulsory legal regulations require otherwise. Further, they must abide to the legal provisions regarding data protection and data security. The obligations to secrecy and to data protection shall continue to be effective after the end of this contract.
8.2 The contractor is obliged to comply with the provisions of the Federal Data Protection Act as amended from time to time. The contractor shall hold APUS harmless for any losses, costs, expenses, damage, liabilities, claims, actions or proceedings resulting from a breach of the provisions in this paragraph 8.2.
8.3 All documents which the contractor receives for the performance of the activity for APUS, regardless which type and origin, as well as all other records handed over in connection with the performance of the activity for APUS, must be kept secret with due diligence and must be returned to APUS after completion of the contract on request, including all and any copies made of the records. In such a case, the contractor must confirm to APUS in writing that all and any records and documents have been handed over.
8.4 This obligation to secrecy does not apply to the forwarding of information to related companies of APUS.
8.5 The contractor undertakes not to make any public announcements or to disclose or publish any information in connection with the order. This restriction also applies to information materials, brochures and other advertising material, unless APUS has given their prior written approval. This shall also apply after the ending of this contract.
8.6 After the complete fulfilment of all services owned according to this contract, the contractor shall immediately hand over all work results to APUS. If the works or manufacture of products contains research and development which has been financed by APUS, in whole or in part, then all rights in the results shall be transferred to APUS with the payment.
Secrecy, Data Protection. (1) According to Section 80 WTBG 2017 the contractor shall be obliged to maintain secrecy in all matters that become known to him/her in connection with his/her work for the client, unless the client releases him/her from this duty or he/she is bound by law to deliver a statement.
(2) Insofar as it is necessary to pursue the contractor’s claims (particularly claims for fees) or to dispute claims against the contractor (particularly claims for damages raised by the client or third parties against the contractor), the contractor shall be released from his/her professional obligation to maintain secrecy.
(3) The contractor shall be permitted to hand on reports, expert opinions and other written statements pertaining to the results of his/her services to third parties only with the permission of the client, unless he/she is required to do so by law.
(4) The contractor is a data protection controller within the meaning of the General Data Protection Regulation (“GDPR”) with regard to all personal data processed under the contract. The contractor is thus authorized to process personal data entrusted to him/her within the limits of the contract. The material made available to the contractor (paper and data carriers) shall generally be handed to the client or to third parties appointed by the client after the respective rendering of services has been completed, or be kept and destroyed by the contractor if so agreed. The contractor is authorized to keep copies thereof insofar as he/she needs them to appropriately document his/her services or insofar as it is required by law or customary in the profession.
(5) If the contractor supports the client in fulfilling his/her duties to the data subjects arising from the client’s function as data protection controller, the contractor shall be entitled to charge the client for the actual efforts undertaken. The same shall apply to efforts undertaken for information with regard to the contractual relationship which is provided to third parties after having been released from the obligation to maintain secrecy to third parties by the client.