Common use of DATA PROTECTION ARRANGEMENTS Clause in Contracts

DATA PROTECTION ARRANGEMENTS. 11.1 For the purposes of this Agreement, the terms “data controller”, “data processor”, “data subject”, “processing”, “Supervisory Authority”, “personal data” and “personal data breach” shall have the meanings set out in the Data Protection Legislation and processed shall be construed accordingly. 11.2 Both parties shall comply with their respective obligations under the Data Protection Legislation in connection with this Agreement and any Work Order. 11.3 The parties acknowledge that the factual arrangements between them from time to time as required by the Services will dictate the classification of each party in respect of the Data Protection Legislation and agree that where for the purposes of this Agreement or any Work Order: 11.3.1 the parties are each independent controllers of any Shared Data, the provisions of Schedule 3 (Shared Data) shall apply and the parties shall comply with Schedule 3; and 11.3.2 one party is a data controller and the other party is a data processor of any personal data, the provisions of Clause 12 shall apply. 11.4 Without prejudice to the generality of Clause 11.2, the Disclosing Party will ensure that it has all necessary appropriate consents and notices in place to enable lawful sharing or transfer of personal data to the Receiving Party for the duration and purposes of this Agreement. 11.5 Clauses 11 and 12 and Schedule 3 (Shared Data) of this Agreement are in addition to, and do not relieve, remove or replace, either party’s obligations under the Data Protection Legislation.