Common use of Eligible Data Breach Clause in Contracts

Eligible Data Breach. (a) In this clause Eligible Data Breach has the same meaning as it has in the Privacy Act. (b) If the Consultant becomes aware that there are reasonable grounds to suspect that there may have been an Eligible Data Breach in relation to any Personal Information held by the Consultant as a result of this Agreement or its performance of the Agreement, the Consultant agrees to: (i) notify the Foundation in writing as soon as possible, which must be no later than within 3 days; and (ii) carry out an assessment in accordance with the requirements of the Privacy Act. (c) Where the Consultant is aware that there are reasonable grounds to believe there has been, or where the Foundation notifies the Consultant that there has been, an Eligible Data Breach in relation to any Personal Information held by the Consultant as a result of this Agreement or its performance of the services, the Consultant agrees to: (i) take all reasonable action to mitigate the risk of the Eligible Data Breach causing serious harm to any of the individuals to whom it relates; and (ii) take all other action necessary to comply with the requirements of the Privacy Act.

Eligible Data Breach. (a) In this clause Eligible Data Breach has the same meaning as it has in the Privacy Act. (b) If the Consultant Service Provider becomes aware that there are reasonable grounds to suspect that there may have been an Eligible Data Breach in relation to any Personal Information held by the Consultant Service Provider as a result of this Agreement or its performance of the Agreement, the Consultant Service Provider agrees to: (i) notify the Foundation in writing as soon as possible, which must be no later than within 3 days; and (ii) carry out an assessment in accordance with the requirements of the Privacy Act. (c) Where the Consultant Service Provider is aware that there are reasonable grounds to believe there has been, or where the Foundation notifies the Consultant Service Provider that there has been, an Eligible Data Breach in relation to any Personal Information held by the Consultant Service Provider as a result of this Agreement or its performance of the services, the Consultant Service Provider agrees to: (i) take all reasonable action to mitigate the risk of the Eligible Data Breach causing serious harm to any of the individuals to whom it relates; and (ii) take all other action necessary to comply with the requirements of the Privacy Act.