Common use of Notification Duties Clause in Contracts

Notification Duties. 3.8.1 Flexera shall inform Customer without undue delay in text form (e.g., letter, fax or email "Text Form") of the following events: • Requests from third parties including such from a data protection supervisory authority and data subjects regarding Customer Personal Data; in which case it is permitted to inform the third party of the name of Customer and the fact that it has forwarded the request to Customer. • Threats to Customer Personal Data in possession of Flexera by garnishment, confiscation, insolvency and settlement proceedings or other incidents or measures by third parties. In such case, Flexera shall immediately inform the respective responsible person/entity that Customer holds the sovereignty and ownership of the personal data. 3.8.2 For the purpose of enabling Customer to comply with its own data breach notification obligations pursuant to Art. 33 para 1 and Art. 34 para 1 GDPR, Flexera shall notify Customer without undue delay after becoming aware of a personal data breach. Such notice will, if possible, include the following information: • a description of the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned; • a description of the measures taken or proposed to be taken by Flexera and/or Customer to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects; and • any further information which is available and known to Flexera and (i) that is necessary for Customer to comply with Customer’s notification obligations and (ii) which Customer does not otherwise have access to. 3.8.3 Flexera shall inform Customer immediately if, from its point of view, an Instruction of Customer may lead to a violation of the GDPR or other data protection law of the European Union or a European State. Until Customer either confirms or alternates the Instruction, Flexera may refuse to comply with the Instruction issued.