Incidental Access Clause Samples
The Incidental Access clause defines the conditions under which one party may unintentionally or indirectly access the other party’s confidential or proprietary information during the course of performing contractual obligations. Typically, this clause clarifies that such access is not the primary purpose of the engagement and may occur, for example, when a service provider is working on a client’s systems or premises. Its core function is to ensure that any incidental exposure to sensitive information is still subject to confidentiality obligations, thereby protecting the disclosing party from unintended data leaks or misuse.
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Incidental Access. All information, written, electronic and oral, regarding patients of Hospital, whether demographic, clinical, or financial is confidential and protected health information (PHI) under state law and federal regulation. As a covered entity as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Hospital holds all information pertaining to its patients as privileged and confidential. The parties are committed to complying with the Privacy Standards of HIPAA and other state and federal regulations. In the course of performing functions in relation to Hospital you may be exposed to or acquire confidential information including but not limited to data, reports, records, summaries, tables and studies whether written or oral, fixed in hard copy or contained in any computer database. GKF
(i) understands and acknowledges that patient information is confidential and protected by law, (ii) understands that patient information should be kept confidential and that any dissemination, distribution or copy of protected health information is strictly prohibited, (iii) shall not disclose confidential information to any third party, (iv) shall advise each of their employees, agents or representatives of their obligations to keep such information confidential, (v) breaches, including wrongful disclosure or intentional misuse of patient information could result in civil and/or criminal penalties resulting in monetary fines and/or imprisonment pursuant to federal regulations and (vi) agrees to establish and maintain appropriate safeguards to protect patient information.