Sharing of Information. 3.1 The Commissioner and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU. 3.2 For the purposes of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control. 3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. 3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement. 3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless: 3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party; 3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality; 3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party; 3.5.4 the other party is required by compulsion of law to disclose. 3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance. 3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable. 3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties. 3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 5 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Sharing of Information. 3.1 The Commissioner PCC and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner PCC and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the UK General Data Protection Act 1998 Regulation (GDPR) the Commissioner PCC and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the UK General Data Protection Act 1998 Regulation, where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) 2000 if either the Commissioner PCC or the Chief Constable should receive a an FOI request then the Commissioner PCC or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner PCC or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner PCC and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-sub- contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme Scheme of governanceGovernance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner PCC and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner PCC and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner PCC or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 4 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Sharing of Information. 3.1 The Commissioner To the extent permitted by applicable Law, Fox, Newco and Ainge shall provide to each other and their respective agents and vendors all Information (other than attorney-client privileged Information or attorney work product) as the other may reasonably request to enable the requesting Party to defend or prosecute claims, administer efficiently and accurately each of its Benefit Arrangements (including in connection with audits or other proceedings maintained by any Governmental Authority), to timely and accurately comply with and report under Section 14 of the Securities Exchange Act of 1934, as amended and the Chief Constable will share Code, to determine the scope of, as well as fulfill, its obligations under this Agreement, and otherwise to comply with provisions of applicable Law. Fox shall comply with all applicable data privacy Laws and requirements when collecting, processing, sharing and/or transferring information where appropriate relating to fulfil an individual or which on its own or with other information may identify or be used to identify an individual. Such Information shall, to the purposes extent reasonably practicable, be provided in the format and at the times and places requested, but in no event shall the Party providing such Information be obligated to incur any out-of-pocket expenses not reimbursed by the Party making such request or make such Information available outside of its normal business hours and premises. Any Information shared or exchanged pursuant to this MOU Agreement shall be subject to any conditions imposed by the party providing confidentiality requirements set forth in Article VI of the information Distribution Agreement; provided, that, notwithstanding anything in respect such Article VI and without otherwise limiting the provisions of such disclosureArticle VI, each of the Parties shall comply with any requirement of applicable Law in regard to the confidentiality of the Information (whether relating to employee records or otherwise) that is shared with another Party in accordance with this Section 10.1. The Commissioner Parties also hereby agree to enter into any business associate agreements that may be required for the sharing of any Information pursuant to this Agreement to comply with the requirements of HIPAA. The Parties shall use their best efforts to secure Consents from employees, former employees and their respective dependents to the Chief Constable shall ensure compliance with Data Protection legislation through proper application of extent required by Law or otherwise to permit the governance arrangements Parties to share Information as contemplated in this MOU.
3.2 For Section 10.1. Fox shall indemnify, defend and hold harmless the purposes Ainge Indemnitees and the Newco Indemnitees for any Losses or Liabilities related to or resulting from the failure by any member of the Data Protection Act 1998 the Commissioner Fox Group to provide timely and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage accurate Information prior to, personal data.
3.4 For at or after the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made Closing in accordance with provision this Agreement. Ainge shall indemnify, defend and hold harmless the Fox Indemnitees for any Losses or Liabilities related to or resulting from the failure to provide timely and accurate Information (i) by any member of that Actthe Ainge Group, whether prior to, at or following the Closing, or (ii) by any member of the Newco Group, following the Closing.
Appears in 3 contracts
Sources: Employee Matters Agreement (Altra Industrial Motion Corp.), Employee Matters Agreement (Stevens Holding Company, Inc.), Employee Matters Agreement
Sharing of Information. 3.1 The Commissioner PCC and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner PCC and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the General Data Protection Act 1998 Regulation (GDPR) EU 2016/679 the Commissioner PCC and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the General Data Protection Act 1998 Regulation, where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 ▇▇▇ ▇▇▇▇ (FOI) if either the Commissioner PCC or the Chief Constable should receive a an FOI request then the Commissioner PCC or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner PCC or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner PCC and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-sub- contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme Scheme of governanceGovernance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner PCC and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner PCC and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner PCC or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ provided that such disclosures are made in accordance with provision of that Act.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Sharing of Information. 3.1 The Commissioner and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a an FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-sub- contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme Scheme of governanceGovernance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Sharing of Information. 3.1 The Commissioner Consistent with the purpose stipulated by the Parties in Title II, and to the extent allowed by law, policy and regulation, BOEM and the Chief Constable Lessee agree to (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. The Lessee and BOEM agree to work to ensure that all required completion report information is received. The Parties to this Lease acknowledge that information and reports required by and/or exchanged pursuant to the subject Project may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this Lease be treated as confidential, will share prominently mark the information where appropriate and report as “Confidential” along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to fulfil this Lease may only request information that has been marked as “Confidential” and is in the purposes possession of another Party to this MOU subject to any conditions imposed Lease if the information is needed by the party providing requesting Party to carry out their obligations under this Lease or if the information in respect of such disclosureis necessary for the requesting Party to fulfill their obligations under the law. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application Party in possession of the governance arrangements contemplated in this MOU.
3.2 For information requested may work with the purposes requesting party to determine if the information may be shared without waiving the confidential nature of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor material. The Parties further agree that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of they will notify the other party Party as soon as practicablepossible, and where necessary in writing, of any request by any person seeking the Commissioner and release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access requests under applicable Federal or State law. Notification will be considered timely if it provides the Chief Constable will provide Parties or individuals claiming the information or report is confidential a reasonable assistance opportunity to the other in seek a Court order to facilitate a timely and compliant response to prevent release or disclosure. Any disputes among the FOI request Parties regarding requests for information or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault nature of the other party;
3.5.2 information requested will be resolved according to applicable law and through the confidential dispute resolution process identified in Stipulation No. 18. With regard to third party requests for information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written produced or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made shared in accordance with provision this lease, the request will be addressed in accordance with applicable law. If the Party or individual claiming the information or report is confidential fails to obtain a timely Court order preventing the release or disclosure of that Actthe information, the Party in possession of the information will release it to the extent required by applicable law.
Appears in 2 contracts
Sources: Negotiated Noncompetitive Agreement, Negotiated Noncompetitive Agreement
Sharing of Information. 3.1 The Commissioner PCC and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner PCC and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the General Data Protection Act 1998 Regulation (GDPR) EU 2016/679 the Commissioner PCC and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the General Data Protection Act 1998 Regulation, where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner PCC or the Chief Constable should receive a an FOI request then the Commissioner PCC or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner PCC or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner PCC and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-sub- contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme Scheme of governanceGovernance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner PCC and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner PCC and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner PCC or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Sharing of Information. 3.1 Consistent with the purpose stipulated by the parties in Title II, and to the extent allowed by law, policy and regulation, the USACE, the County, and BOEM agree to: (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. The Commissioner Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the Chief Constable will share information where appropriate to fulfil project that is the purposes subject of this MOU subject MOA may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure. Any Party, contractor or agent of one of the Parties requesting information or reports provided pursuant to any conditions imposed this MOA be treated as confidential, will prominently ▇▇▇▇ the information and report as “Confidential” along with the bases for the claim of confidentiality. Any covering correspondence submitted with the information or report will likewise note the claim of confidentiality being asserted. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in the possession of another Party to this MOA if the information is needed by the party providing requesting Party to carry out their obligations under this MOA or if the information is necessary for the requesting Party to fulfill their obligations under the law. The Party in respect possession of such the information requested may work with the requesting party to determine if the information can be shared without waiving the confidential nature of the material. The Parties further agree that they will immediately and timely notify the other parties in writing of any request by any person seeking the release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access request under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. The Commissioner and Any disputes regarding requests for information or the Chief Constable shall ensure compliance with Data Protection legislation through proper application confidential nature of the governance arrangements contemplated information requested will be resolved jointly among the Parties involved, including through the dispute resolution process identified in this MOUParagraph 16.
3.2 For the purposes of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 1 contract
Sources: Memorandum of Agreement
Sharing of Information. 3.1 The Commissioner and Consistent with the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed purpose stipulated by the party providing Parties in Title II, and to the extent allowed by law, policy and regulation, USACE, the County, and BOEM agree to: (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules and (2) provide such information to the requesting agency as expeditiously as possible. USACE and BOEM agree to work to ensure that all required completion report information is received. The Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the subject Project may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this MOA be treated as confidential, will prominently mark the information and report as “Confidential” along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in respect the possession of such disclosureanother Party to this MOA if the information is needed by the requesting Party to carry out their obligations under this MOA or if the information is necessary for the requesting Party to fulfill their obligations under the law. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application Party in possession of the governance arrangements contemplated in this MOU.
3.2 For information requested may work with the purposes requesting party to determine if the information may be shared without waiving the confidential nature of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor material. The Parties further agree that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of they will notify the other party Parties as soon as practicablepossible, in writing, of any request by any person seeking the release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access requests under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. Any disputes regarding requests for information or the confidential nature of the information requested will be resolved according to applicable law and where necessary through the Commissioner and dispute resolution process identified in Paragraph 16. If the Chief Constable Party or individual claiming the information or report is confidential fails to obtain a timely Court order preventing the release or disclosure of the information, the Party in possession of the information will provide reasonable assistance release it to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is extent required by compulsion of law to discloseapplicable law.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 1 contract
Sources: Memorandum of Agreement
Sharing of Information. 3.1 The Commissioner and the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the General Data Protection Act 1998 Regulation (GDPR) EU 2016/679 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the General Data Protection Act 1998 Regulation, where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a an FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-sub- contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is required by compulsion of law to disclose.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme Scheme of governanceGovernance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 1 contract
Sources: Memorandum of Understanding
Sharing of Information. 3.1 Consistent with the purpose stipulated by the Parties in Title II, and to the extent allowed by law, policy, and regulation, USACE and BOEM agree to (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. The Commissioner Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the Chief Constable will share information where appropriate to fulfil Project that is the purposes subject of this MOU subject to any conditions imposed by the party providing the information in respect of such disclosure. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application of the governance arrangements contemplated in this MOU.
3.2 For the purposes of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction ofMOA may include confidential business information, trade secrets, or damage to, personal data.
3.4 For the purposes of other sensitive information that is entitled to protection from disclosure by the Freedom of Information Act 2000 (FOI) Act. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this MOA be treated as confidential will, at the time the information is submitted, prominently mark the information and report as “Confidential,” along with the bases for the claim of confidentiality. Any covering correspondence submitted with the information or report will likewise note the claim of confidentiality being asserted. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in the possession of another Party to this MOA if either the Commissioner information is needed by the requesting Party to carry out its obligations under this MOA or if the information is necessary for the requesting Party to fulfill its obligations under the law. The Party in possession of the information requested may work with the requesting Party to determine if the information can be shared without waiving the confidential nature of the material. The Parties further agree that they will immediately and timely notify the other Parties in writing of any request by any person seeking the release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access request under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. Any disputes regarding requests for information or the Chief Constable should receive confidential nature of the information requested will be resolved according to applicable law. If the Party or individual claiming the information or report is confidential fails timely to obtain a FOI request then Court order preventing the Commissioner release or Chief Constable disclosure of the information, the Party in possession of the information will release it as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of the other party as soon as practicable, and where necessary the Commissioner and the Chief Constable will provide reasonable assistance to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is extend required by compulsion of law to discloseapplicable law.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 1 contract
Sources: Memorandum of Agreement
Sharing of Information. 3.1 The Commissioner and Consistent with the Chief Constable will share information where appropriate to fulfil the purposes of this MOU subject to any conditions imposed purpose stipulated by the party providing Parties in Title II, and to the extent allowed by law, policy, and regulation, USACE, the County, and BOEM agree to: (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules and (2) provide such information to the requesting Party as expeditiously as possible. USACE and BOEM agree to work to ensure that all required completion report information is received. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this MOA be treated as confidential will prominently mark the information and/or report as “Confidential” along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in respect the possession of such disclosureanother Party to this MOA if the information is needed by the requesting Party to carry out its obligations under this MOA or if the information is necessary for the requesting Party to fulfill its obligations under the law. The Commissioner and the Chief Constable shall ensure compliance with Data Protection legislation through proper application Party in possession of the governance arrangements contemplated in this MOU.
3.2 For information requested may work with the purposes requesting party to determine if the information may be shared without waiving the confidential nature of the Data Protection Act 1998 the Commissioner and the Chief Constable remain the data controller for any personal information recorded (in whatever format) on any information system under their respective control.
3.3 For the purposes of the Data Protection Act 1998 where either party is processing personal data as a data processor material. The Parties further agree that party shall ensure that it has in place appropriate technical and organisation measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.4 For the purposes of the Freedom of Information Act 2000 (FOI) if either the Commissioner or the Chief Constable should receive a FOI request then the Commissioner or Chief Constable as appropriate would be responsible for responding to that request and with any subsequent compliance arrangements required under FOI. Any FOI requests received by either the Commissioner or the Chief Constable which relate to or touch upon the subject matter of this MOU or any matters arising from it would be brought to the attention of they will notify the other party Parties as soon as practicablepossible, in writing, of any request by any person seeking the release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to court orders, discovery, subpoenas, or other compulsory process, or public access requests under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a court order to prevent release or disclosure. Any disputes regarding requests for information or the confidential nature of the information requested will be resolved according to applicable law and where necessary through the Commissioner and dispute resolution process identified in Paragraph 16. If the Chief Constable Party or individual claiming the information or report is confidential fails to obtain a timely court order preventing the release or disclosure of the information, the Party in possession of the information will provide reasonable assistance release it to the other in order to facilitate a timely and compliant response to the FOI request or any subsequent compliance requirement.
3.5 Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any confidential information unless:
3.5.1 at the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
3.5.2 the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality;
3.5.3 the confidential information was available to the other party on a non- confidential basis prior to its disclosure to such party;
3.5.4 the other party is extent required by compulsion of law to discloseapplicable law.
3.6 The parties agree that all discussions and negotiations shall be carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties and the overarching provisions of the scheme of governance.
3.7 The disclosure of confidential information is a matter for discussion between the Commissioner and Chief Constable.
3.8 Any limitation or waiver of the right of confidentiality contemplated in the provisions paragraph of this MOU applies only to the relationship between the Commissioner and the Chief Constable and all staff will remain subject to an obligation of confidentiality in respect of third parties.
3.9 Nothing in this MOU should prevent any personnel employed either by the Commissioner or the Chief Constable from disclosing information which they are entitled to disclose under the Public Interest Disclosure Act 1998 provided that such disclosures are made in accordance with provision of that Act.
Appears in 1 contract
Sources: Memorandum of Agreement