Information Security and Data Protection. 17.1. The Partners shall ensure that personal and/or sensitive data is properly protected and shall implement appropriate arrangements which ensure that Personal Data of employees and any third parties is processed and protected in accordance with current statutory requirements. 17.2. The Partners shall at all times comply with and maintain Personal Data in accordance with Data Protection Legislation in relation to the Agreed Activity and this Agreement. 17.3. Each Partner shall comply with the terms and conditions of the Data Protection Schedule attached at Schedule 3 to this Agreement and any amendments to the same which the HLO notifies the Partners of in writing. The Data Protection Schedule is to be interpreted in accordance with the Definitions and Interpretations contained within it unless the context requires otherwise. 17.4. In the event that the any Partner is a “Controller” or Joint Controller (as defined in the DPA 2018) the Partner shall at all times be responsible to third parties for any Personal Data held, including the individuals to whom the Personal Data relates and the Partner shall at all times during the Agreement have appropriate data protection and information security policies in place which demonstrate how the Partner will meet its responsibilities under the Data Protection Legislation and any other relevant legislation, code of practice, and guidance issued from time to time. 17.5. Each Partner accepts that in the event that they are a “Controller” or Joint Controller they are legally liable for any unauthorised loss or disclosure of any shared Personal Data provided by the HLO to that Partner that occurs once the information has been transferred by the HLO to that Partner under the terms of this Agreement, and in respect of any shared Personal Data which is processed by the Partner in the course of providing the Agreed Activity. 17.6. The Partners agree that, when recording Personal Data, in whatever format, each piece of information must contain the date created or recorded and whether it comprises fact, opinion, hypotheses or a mixture of these together with the identity of the person recording the information. 17.7. Each Partner acknowledges and agrees that the HLO shall be entitled to share any Personal Data supplied by that Partner to the HLO under the Agreement where it has a lawful and legitimate reason for doing so. 17.8. In delivering the Agreement, the Partners shall only share Personal Data supplied by the HLO to the Partners with a third party where it has a lawful and legitimate reason for doing so. 17.9. On expiry of the Agreement, or earlier termination of the Agreement, each Partner shall immediately provide to the HLO written details of all Personal Data held by that Partner relating to the Agreement or any individual in receipt of any part of the Agreed Activities under the Agreement. The Partner shall then transfer to the HLO all Personal Data requested in writing by the HLO. Personal Data shall be transferred in a secure manner in compliance with Data Protection Legislation and any reasonable instructions issued by the HLO, including instructions relating to format and timescales. Where legally required to do so, each Partner shall be responsible for obtaining any individual consents needed to lawfully transfer Personal Data. All other Personal Data which the HLO has not requested the Partner to transfer to the HLO under this clause 17.9 should otherwise be dealt with in accordance with point 8 “Destruction of Personal Data” of the Data Sharing Agreement at Schedule 1 Appendix 2 to this Agreement. 17.10. Notwithstanding any other exclusions or limitations of liability of the Partners under this Agreement each Partner shall indemnify and keep indemnified the HLO and all other Partners against any damages, losses, costs, fines, claims and/or expenses whatsoever suffered or incurred in respect of or in any way arising directly or indirectly out of a breach by the Partner in question of this clause 17.
Appears in 2 contracts
Sources: Partnership Agreement, Partnership Agreement