Key Legislation and Guidance Sample Clauses

Key Legislation and Guidance. The following legislation and guidance is provided to support and facilitate information sharing between agreed partner organisations, and is not to be used a barrier. General Data Protection Regulation (GDPR) The EU GDPR (General Data Protection Regulation) is a pan-European data protection law, which superseded the EU’s 1995 Data Protection Directive 5th May 2018. The EU GDPR extends the data rights of individuals (data subjects) and places a range of new obligations on organisations that process EU residents’ personal data. The UK DPA (Data Protection Act) 2018 modifies the EU GDPR by filling in the sections of the Regulation that were left to individual member states to interpret and implement. It also applies a “broadly equivalent regime” – known as “the applied GDPR” – to certain types of processing that are outside the EU GDPR’s scope, including processing by public authorities, and sets out data processing regimes for law enforcement processing and intelligence processes. The EU GDPR and DPA 2018 should therefore be read together. UK Data Protection Act (DPA) 2018 The UK Data Protection Act (DPA) 2018 is a comprehensive, modern data protection law for the UK, which came into force on 25th May 2018 – the same day as the EU GDPR (General Data Protection Regulation). The DPA 2018 enacts the GDPR into UK law. The following principles must be applied to all processing of personal data:
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Key Legislation and Guidance. 3.1.1 Since 1 March 2000, the key legislation governing the protection and use of identifiable Service User information (Personal Data) has been the Data Protection Xxx 0000 (referred to as “DPA 1998” in the rest of this Protocol). Any information sharing by the Parties requires to be both ‘intra xxxxx’ i.e. within their legal powers and compliant with the DPA 1998. If a Party acts outwith its legal powers, even compliance with the DPA 1998 cannot render that act lawful. There is no general statutory power to share information. Express powers to share information are relatively rare and are usually restricted to specific activities. However, the Parties, as public authorities, have various general powers which allow them to carry out their functions, from which power to share information can often be implied. In general, unless there is a specific prohibition or restriction on a particular information sharing exercise, the key consideration will be whether the information can be shared in accordance with the DPA 1998.
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Key Legislation and Guidance. 3.1.1 This protocol does not attempt to restate the statutory framework with which the Project Sponsors must operate. It does however recognise that in sharing information the organisations will seek to comply with all relevant legislation and guidance.
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Key Legislation and Guidance. 1.10 The Partner Organisations are subject to a variety of legal obligations, and statutory and other guidance in relation to the sharing and disclosure of information, including (without limitation):  Data Protection Xxx 0000Human Rights Xxx 0000Common Law Duty of ConfidenceCaldicott Principles  ICO Data Sharing Code of Practice  Confidentiality: NHS Code of Practice  HSCIC: A guide to confidentiality in health and social careNHS England Information Governance and Risk Stratification: Advice and Options for CCGs and GPs  Department of Health: Information Security: NHS Code of Practice
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Key Legislation and Guidance. The Data Protection Act 1998 The Data Protection Act is the main statute governing the protection and use of personal information. The 1998 Act tightens up and extends the regulations covering the whole process of acquiring and keeping personal information about living individuals. It also provides individuals with rights of access to their records and rights to take action to rectify factual inaccuracies. Under the terms of the Act some information stored on paper, which includes health and personal records, will need to adhere to the same strict rules that has applied to information stored on computers. The regulations also cover issues such as how information is obtained, how it is stored, how it is protected by appropriate security measures and how long it is kept. There are eight data protection principles, which require that personal data shall be: Processed fairly and lawfully ( processed means obtained, recorded, stored, disclosed and used in any way) Obtained only for one or more specified and lawful purposes and shall not be further processed in a manner incompatible with the specified purpose or purposes Adequate, relevant and not excessive for the specified purpose(s) Accurate, and where necessary, kept up to date Kept no longer than is necessary for the specified purpose(s) for which it was obtained Processed in accordance with the data subject's rights Kept secure from unauthorised or unlawful processing, accidental loss, destruction or damage Not transferred to countries outside the European Economic Area unless the country ensures that there are adequate levels of protection for the rights and freedoms of data subjects in relation to processing personal data For further information on the Act's practical implication contact the Trust's or the Council's Data Protection Officer. Caldicott Committee Report The Caldicott Committee Report made a series of recommendations regarding the way the NHS handles and protects person identifiable information. The recommendations are underpinned by six general principles: Justify the purpose for using confidential information Every proposed use or transfer of patient identifiable information within or from an organisation should be clearly defined and scrutinised, with continuing uses regularly reviewed Only use it when absolutely necessary Patient identifiable information should only be used where there is no alternative Use the minimum that is necessary Where the use of patient identifiable information i...
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Related to Key Legislation and Guidance

  • Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation.

  • Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement.

  • Compliance with Legislation The Partner in all his dealings and in carrying on its business has complied with all applicable laws including The Regulations and all applicable Taxes Acts and environmental and planning legislation and qualifies in all respects with the terms of participation as prescribed in The Regulations.

  • Impact of Legislation (a) The parties recognize and agree that they cannot be obligated or bound by any term, condition or provision, which would be contrary to any existing federal or provincial legislation or regulations passed pursuant thereto. In the event that any term, condition or provision, or part thereof, which is incorporated into this Agreement, whether by inadvertence, error or misunderstanding, is in fact or in law contrary to such federal or provincial legislation or regulation, then such term, condition or provision or part thereof, is void and of no effect.

  • Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). The award term is located at 2 C.F.R. Part 175.15, the full text of which is incorporated here by reference.

  • Compliance with Money Laundering Legislation The Rights Agent shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Rights Agent reasonably determines that such an act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Rights Agent reasonably determine at any time that its acting under this Agreement has resulted in it being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on 10 days' written notice to the Corporation, provided: (i) that the Rights Agent's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Rights Agent's satisfaction within such 10-day period, then such resignation shall not be effective.

  • Health Insurance Portability and Accountability Act of 1996 (a) If the Contactor is a Business Associate under the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as noted in this Contract, the Contractor must comply with all terms and conditions of this Section of the Contract. If the Contractor is not a Business Associate under HIPAA, this Section of the Contract does not apply to the Contractor for this Contract.

  • PROCEEDS OF CRIME LEGISLATION The Depositor acknowledges that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations apply to the operation of the Account and that the Financial Institution will, from time to time, request information from the Depositor to address the reporting, record-keeping, client identification, and ongoing monitoring requirements of that legislation. The Depositor agrees to abide by and comply with all such requests.

  • Applicable Legislation If and to the extent that any provision of this Agreement limits, qualifies or conflicts with a mandatory requirement of Applicable Legislation, the mandatory requirement will prevail. The Corporation and the Subscription Receipt Agent each will at all times in relation to this Agreement and any action to be taken hereunder observe and comply with and be entitled to the benefits of Applicable Legislation.

  • Data Protection Laws those laws applicable to the processing of personal data in the relevant jurisdictions, including but not limited to the General Data Protection Regulation 2016/679.

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