FAIR AND LAWFUL PROCESSING Clause Samples
The 'Fair and Lawful Processing' clause establishes that any collection, use, or handling of personal data must be conducted in a manner that is both ethical and compliant with applicable data protection laws. In practice, this means organizations must have a legitimate reason for processing personal data, inform individuals about how their data will be used, and avoid deceptive or discriminatory practices. The core function of this clause is to protect individuals' privacy rights and ensure that data processing activities are transparent, justified, and within the boundaries of the law.
FAIR AND LAWFUL PROCESSING a) Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with this Data Processing Addendum and Applicable Laws.
b) Each Party shall ensure that it processes Shared Personal Data on the basis of one of the following legal grounds:
i. The Data Subject has given consent to the Processing of his or her Personal Data for one or more specific Purposes;
ii. Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
iii. Processing is necessary for compliance with a legal obligation to which the Controller is subject;
iv. Processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data; or
v. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
FAIR AND LAWFUL PROCESSING. 4.1 Each of the Collective Parties recognise and accept that the Agreement Personal Data includes:
FAIR AND LAWFUL PROCESSING. 3.8.1 Each party shall ensure that the personal data to be shared as outlined by this Agreement will be processed fairly and lawfully.
3.8.2 Each party shall ensure that the personal data subject of this Agreement will only be processed in accordance with one or more of the following legal grounds: • The data subject has unambiguously given his or her consent for one or more specified purposes; • processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; • processing is necessary for compliance with a legal obligation to which the parties are subject, other than an obligation imposed by contract; • processing is necessary in order to protect the vital interests of the data subject; • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the parties; • processing is necessary for the purposes of the legitimate interests pursued by the parties except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
3.8.3 In respect of any special categories of personal data being shared the following lawful basis for processing have been identified: • the data subject has given his explicit consent to the processing of the special categories of personal data; • processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; • processing is necessary to protect the vital interest of the data subject OR of another person where the data subject is physically or legally incapable of giving his or her consent or the data discloser cannot reasonably be expected to obtain the data subject's consent; • processing relates to data which have been made public as a result of steps taken by the data subject • processing is for the purpose of or in connection with legal proceedings (including prospective legal proceedings), for the obtaining legal advice or is otherwise necessary for the purpose of establishing, exercising or defending legal rights; • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the parties; • processing is necessary for the purposes of prevent...
FAIR AND LAWFUL PROCESSING. Each party shall ensure that it processes Shared Personal Data fairly and lawfully in accordance with clause 5.2 and clause 5.3 during the term and following the main instructions.
FAIR AND LAWFUL PROCESSING. 5.1 Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 5 during the Term of this Agreement.
5.2 Each Party shall ensure that it processes Shared Personal Data on the basis that the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (GDPR Art 6.1(f)).
5.3 Where Sensitive Personal Data or Special Category Data is shared this will be processed on the additional ground of explicit consent only (GDPR Art 9.2(a)).
FAIR AND LAWFUL PROCESSING. 5.1 Each Party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 5.2 during the Term of this Agreement.
5.2 For the purposes of Agreed Purposes 1-3 as listed in clause 2.5 of this Agreement, each Party shall ensure that it Processes Shared Personal Data on the basis of one of the following legal grounds:
(a) processing is necessary for the purposes of the legitimate interests pursued by the Parties except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the Data Subject (DPA Sch 2.6.1) or, in the case of data sharing on or after the 25th May 2018:
(b) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (GDPR Art 6. 1 (e) ) or,
(c) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (GDPR Art 6. 1 (f).
5.3 For the purposes of Agreed Purpose 4 as listed in clause 2.5 of this Agreement, each Party shall ensure that it Processes shared Personal Data on the basis of the legal grounds as listed in clause 5.2. Where Sensitive Personal Data or Special Category Data is shared this will be on the following additional grounds:
(a) the processing of Sensitive Personal Data is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons—
(i) holding different beliefs, or (ii) of different states of physical or mental health or different physical or mental conditions, with a view to enabling such equality to be promoted or maintained, providing: - the data use does not support measures or decisions with respect to any particular data subject otherwise than with the explicit consent of that data subject; and - does not cause, nor is likely to cause, substantial damage or substantial distress to the data subject or any other person. (DPA Sch 3.10.7.1) or, in the case of data sharing on or after the 25th May 2018:
(b) processing of Special Category Data is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to d...
FAIR AND LAWFUL PROCESSING. Each Party shall ensure that it processes the Shared Personal Data fairly in accordance with the Data Protection Legislation, which shall include providing the Data Subjects with the necessary fair processing/privacy notice information required under the Data Protection Legislation. Each Party shall ensure it processes the Shared Personal Data lawfully and in doing so, has established and recorded the Legal Basis for Processing.
FAIR AND LAWFUL PROCESSING. 4.1 Each Party shall ensure that it Processes the Shared Personal Data fairly and lawfully on the relevant legal grounds set out in Part 1 of the Schedule.
4.2 Each Party shall ensure that when collecting any Personal Data from a Data Subject which shall become Shared Personal Data, the Data Subject is first provided with an appropriate Privacy Notice.
4.3 The Provider shall, in respect of Provider Personal Data, ensure that its Privacy Notices are clear and provide sufficient information to the Data Subjects for them to understand: what of the Provider Personal Data it is sharing with the Council; the circumstances in which it will be shared; the purposes for the data sharing; the fact that the Council will be receiving the Provider Personal Data; and any other information as required in terms of the Data Protection Legislation.
4.4 The Council shall, in respect of Council Personal Data, ensure that its Privacy Notices are clear and provide sufficient information to the Data Subjects for them to understand what of the Council Personal Data it is sharing with the Provider, the circumstances in which it will be shared, the purposes for the data sharing, the fact that the Provider will be receiving the Council Personal Data and any other information as required in terms of the Data Protection Legislation.
4.5 To the extent that any Shared Personal Data is to be Processed by either Party on the basis of consent, the Party collecting that Shared Personal Data shall ensure that such consent is in a form which complies with the requirements of the Data Protection Legislation.
FAIR AND LAWFUL PROCESSING. Each party shall ensure that it processes the Shared Personal Data fairly in accordance with the Data Protection Legislation, which shall include providing the Data Subjects with the necessary fair processing/privacy notice information required under the Data Protection Legislation. This Investment Area will involve the processing of personal data relating to children. It is anticipated that each child will be assigned a ‘Unique Reference Number’ (URN) and it will be this URN which will be ‘processed’ by all parties through the lifetime of the project. The Lead Partner will retain a record of which ▇▇▇ relates to which participant. As such, a Privacy Notice specific to Children and Young People has been prepared by SEUPB (Privacy Notice | SEUPB) and each Lead Partner undertakes to ensure that this Privacy Notice is provided to the Data Subject and/or their legal guardian where appropriate. For the processing of personal data relating to adults, Privacy Notice | SEUPB is applicable. Each Lead Partner undertakes to ensure that this Privacy Notice is provided to the Data Subject. Each party shall ensure it processes the Shared Personal Data lawfully and in doing so, has established and recorded the Legal Basis for Processing. Each party shall ensure that before transferring the Shared Personal Data to the other party, that the Shared Personal Data are adequate, accurate, relevant and not excessive for the Agreed Purposes. Shared Personal Data must be limited to the Shared Personal Data as detailed in Annex D. Each party’s SPoC shall be responsible for ensuring that any Subject Access Request or other requests relating to data subjects’ rights which are received by them/their team under or in relation to this Agreement are identified and passed, in a timely manner, to the departments/individuals within their organisation that has the responsibility for responding to any such requests. Each party shall cooperate with each other in so far as reasonably necessary to enable each other to perform their obligations under the Data Protection Legislation or other applicable legislation, in respect of any Personal Data collected, held or processed as part of this Agreement.
FAIR AND LAWFUL PROCESSING. The Data Protection Act requires for personal data to be processed fairly and lawfully. The requirement to process personal data fairly and lawfully is set out in the first data protection principle and is one of eight such principles at the heart of the Data Protection ▇▇▇ ▇▇▇▇. All parties will ensure that they process data fairly and lawfully and will ensure that they adhere to the principles of the Data Protection Act. All parties will ensure that they have given notification to the Information Commissioner, and registered the purposes for which the organisation may process data, that the registration is up-to-date and complete, and that the agreed processing described in sections five and six falls within the terms of the notification / registration.