Common use of DATA SECURITY AND PROTECTION Clause in Contracts

DATA SECURITY AND PROTECTION. 4.1 The Parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Data Controller and Eckoh is the Data Processor of the Personal Data. 4.2 ▇▇▇▇▇ and the Customer hereby agree to comply with their obligations in relation to Personal Data as set out in Schedule 5. 4.3 The Customer is entitled, on giving at least thirty (30) days’ notice to ▇▇▇▇▇, to inspect or appoint representatives to inspect all facilities, equipment, records, documents and electronic data relating to the Processing of Personal Data by ▇▇▇▇▇ under this clause 4 and Schedule 5. Any audit will be conducted so as not to disrupt ▇▇▇▇▇’s day to day operations and will be subject to the Customer covering ▇▇▇▇▇’s reasonable costs and complying with all security, confidentiality and safety requirements notified by ▇▇▇▇▇. 4.4 The requirement under clause 4.3 to give notice will not apply if an audit is required by a Regulatory Body in relation to the Processing of Personal Data or the Customer reasonably believes in good faith that Eckoh is in material breach of any of its obligations under this clause 4 or Schedule 5. 4.5 This clause 4 shall survive the termination of this Agreement and shall continue for a period of one (1) year following the destruction or return of all Personal Data Processed by ▇▇▇▇▇ under this Agreement.

Appears in 1 contract

Sources: Order Form

DATA SECURITY AND PROTECTION. 4.1 6.1 The Parties acknowledge that for the purposes of the Data Protection Legislation, the Customer Client is the Data Controller and Eckoh is the Data Processor of the Personal Data. 4.2 6.2 ▇▇▇▇▇ and the Customer Client hereby agree to comply with their obligations in relation to Personal Data as set out in Schedule 51. 4.3 6.3 The Customer Client is entitled, on giving at least thirty (30) days’ notice to ▇▇▇▇▇, to inspect or appoint representatives to inspect all facilities, equipment, records, documents and electronic data relating to the Processing of Personal Data by ▇▇▇▇▇ under this clause 4 6 and Schedule 51. Any audit will be conducted so as not to disrupt ▇▇▇▇▇’s day to day operations and will be subject to the Customer Client covering ▇▇▇▇▇’s reasonable costs and complying with all security, confidentiality and safety requirements notified by ▇▇▇▇▇Eckoh. 4.4 6.4 The requirement under clause 4.3 6.3 to give notice will not apply if an audit is required by a Regulatory Body due to suspected breach by ▇▇▇▇▇ of the Data Protection Legislation in relation to the Processing of Personal Data under this Agreement or the Customer Client otherwise reasonably believes in good faith that Eckoh is in material breach of any of its obligations under this clause 4 6 or Schedule 51. 4.5 6.5 This clause 4 6 shall survive the termination of this Agreement and shall continue for a period of one (1) year following the destruction or return of all Personal Data Processed by ▇▇▇▇▇ Eckoh under this Agreement.

Appears in 1 contract

Sources: Master Services Agreement