Data Security Indemnity Sample Clauses
A Data Security Indemnity clause requires one party to compensate the other for losses, damages, or liabilities arising from breaches of data security obligations. Typically, this clause applies when confidential or personal data is compromised due to a party’s failure to implement adequate security measures, such as unauthorized access, data leaks, or cyberattacks. Its core function is to allocate the financial risk associated with data breaches, ensuring that the responsible party bears the costs and consequences, thereby incentivizing robust data protection practices.
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Data Security Indemnity. Client shall defend, indemnify and hold RBS ▇▇▇▇ and Bank and their affiliates (and their respective officers, directors, members, shareholders, partners, employees, agents, subcontractors and representatives) harmless from and against any and all losses, fines, penalties, claims, damages, expenses, liabilities or fees of any nature whatsoever, including attorneys’ fees and costs (“Damages”), asserted against or incurred by RBS ▇▇▇▇ and/or Bank or their affiliates arising out of, relating to or resulting from (i) a breach of the security of the system safeguarding Cardholder Information resulting in unauthorized access to Cardholder Information; (ii) a breach of any representation, warranty or term of this Agreement regarding data security by Client, or any service provider, subcontractor or agent of Client; (iii) the negligence, gross negligence or willful misconduct of Client (or any service provider, subcontractor or agent of Client) in the performance of its data security obligations under this Agreement; (iv) any violation of laws, rules or regulations including Card Association rules, regulations and bylaws by Client or any service provider, subcontractor or agent of Client) and (v) all direct and third party claims arising from the foregoing, provided, however that Client shall not be responsible to RBS ▇▇▇▇ or Bank to the extent that the Damage is caused by, related to or arises out of the negligence, gross negligence or willful misconduct of RBS ▇▇▇▇ or Bank or any breach of this Agreement by RBS ▇▇▇▇ or Bank. Further, Client agrees to promptly reimburse RBS ▇▇▇▇ and/or Bank for any assessments, fines, fees or penalties imposed by the Card Associations in connection with this Agreement, including the data security provisions contained herein.
Data Security Indemnity. The Developer undertakes to indemnify the Client against any losses or damages resulting from unauthorized access, use, or disclosure of sensitive data handled by the website and APIs, ensuring compliance with data protection laws and industry standards.
