Common use of Datatransfer Clause in Contracts

Datatransfer. Any data required for the purposes of the Assignment from an external network should be sent to the ESM’s network as an attachment to an email so it can be checked for harmful or malicious code by the ESM’s firewall and security measures protecting the network. Should the email be blocked for any reason by the ESM’s security systems, the Service Provider may request the ESM to release the email provided the email is business related and free of any virus or harmful code. Should data transfer not be possible by means of email then an alternative means of communication should be defined jointly between the Service Provider and the ESM. 1. The Service Provider and all its present, past and future employees, persons working as independent contractors or other persons involved in the execution of the Services (each such person in this Annex is called an “Employee”) shall at all times be aware of the sensitive and highly confidential nature of the ESM’s data / personal data (“Data”) to which they may have access and which they may be required to process in the course of the execution of the Services. 2. The Service Provider and each Employee shall respect the integrity of the Data and observe the strictest confidentiality in relation thereto throughout the execution of the Services, as well as thereafter. 3. In particular, neither the Service Provider nor any Employee shall divulge any such Data on any account to any third party not duly authorised by the ESM or copy (on any medium whatsoever) or transmit the Data except in the course of backup, recovery or testing operations essential to the execution of the Services. 4. Without prejudice to the foregoing, neither the Service Provider nor any Employee shall to the extent not authorized by applicable law keep any copy, file or list (on any medium whatsoever) of the Data to which it has access in the course of the execution of the Services.