Common use of DATA SECURITY AND PROTECTION Clause in Contracts

DATA SECURITY AND PROTECTION. 16.1 The Service Provider shall: (a) implement and maintain the security and business continuity procedures set out in Schedule 3 and ensure that at all times it has in place appropriate security procedures to prevent the unauthorised disclosure, destruction, damage, loss or alteration of Data, including any procedures or changes to the procedure set out in Schedule 3 notified from time to time by the Network Operators’ Representative; and (b) take such steps as all or any of the Network Operators may reasonably require to enable them to comply with their obligations under the Data Protection ▇▇▇ ▇▇▇▇, as amended from time to time (the DPA), and any other applicable statutory obligations relating to Data and, upon request from any Network Operator, shall provide that Network Operator with such information as it may require to satisfy itself that the Service Provider has taken such steps. 16.2 The Service Provider shall reconstitute any Data which is lost, destroyed or damaged to the extent it is reasonably able from any backups of the Data which it has access to. The Service Provider shall bear the reasonable costs of such reconstitution to the extent the Data was lost, destroyed or damaged as a result of its negligence or breach of its obligations under this Agreement. Each Network Operator shall assist the Service Provider to the extent it is reasonably able by providing and procuring that Users and any other relevant third parties provide the Service Provider with such back up copies of the Data as may exist. 16.3 The Parties acknowledge that the Service Provider shall be the data processor (as defined under the DPA) of each Network Operator in respect of its processing (as defined under the DPA) (processing) of Data. Accordingly, the Service Provider shall have no liability whatsoever to any person (including, without limitation, to any data subject, as defined under the DPA) in respect of any processing of Data carried out under this Agreement by the Service Provider in its capacity as data processor of each Network Operator.