Secrecy and Data Protection Clause Samples

Secrecy and Data Protection. 16.1 The customer shall undertake to treat strictly confidential vis-à-vis third parties any and all technical and business documents (e.g., data carriers, drawings, documents, test results, samples) as well as any kind of technical information, knowledge, experiences in connection with this service agreement as well as the service tickets.

Secrecy and Data Protection. 16.1 The customer shall undertake to treat strictly confidential vis-à-vis third parties any and all technical and business documents (e.g. data carriers, drawings, documents, test results, samples) as well as any kind of technical information, 16.2 KBC undertakes to comply with the applicable data protection regulations of the DS-GVO and the DSG. Insofar as the customer transfers data to KBC, he shall be solely responsible for the fact that any and all necessary approvals of third parties for the data transfer to KBC are given and/or that all data processing applications comply with data protection law. The customer shall indemnify and hold KBC harmless with regard to any and all claims in this respect. 16.3 If personal data is processed by KBC (as the “processor”) on behalf of the customer (as the responsible party/ “controller”) within the scope of the provision of services, this shall be deemed to be order processing in the sense of Art. 28 DS-GVO. This order processing shall be carried out exclusively on the basis of a unilateral declaration of commitment to the processing of personal data by KBC in accordance with the legal requirements. This declaration of commitment is available at ▇▇▇▇▇://▇▇▇.▇- ▇▇▇▇▇▇▇▇.▇▇▇/_▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ 4/KBC_Einseitige_Verpflichtungserkl%C3%A4rung_EN_2022.pdf. 16.4 In the event that KBC is the responsible party (“controller”) in the context of the order processing and the customer is the order processor, an appropriate agreement on the processing of personal data shall be concluded separately between KBC and the customer in accordance with Art. 28 DS-GO. 16.5 KBC shall be entitled to exploit content and conclusion of the present agreement in reference lists. 16.6 By placing an order, the customer agrees to be informed about product news by newsletter via e-mail or telephone until revocation, which is possible at any time. 16.7 The customer gives his explicit consent that his (company) name, address and e-mail address are passed on to the respective manufacturer, as far as this is necessary for the fulfilment of the order.

Secrecy and Data Protection. The contractor obligates himself to observe all rules of confidentiality concerning contractor and contracting agency (in particular art. 15 of Data ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, Austrian federal law gazette I no. 165/1999 relevant version, Art. 46 para.1, Officials and public services law ▇▇▇▇, ▇▇▇▇▇▇▇▇ federal law gazette 1 no. 333/1979 relevant version). He is obligated to secrecy regarding all transmitted data and documents as per this agreement, as well as to all known facts and information, inasmuch as he is not released in writing from this obligation in a particular case by the contracting agency. The contractor will transfer this obligation to secrecy if he employs other persons for the performance of this agreement. He will only appoint staff members or assistants who have obligated themselves explicitly in writing to their employer, as per art. 15 Data Protection ▇▇▇ ▇▇▇▇, Austrian federal law gazette 1 no. 165/1999 relevant version, and other legal confidentiality rules, to observe data secrecy concerning all known data of relevant works and services, as per this agreement (esp. personal or non-personal data, technical data) during and after completion of service and employment status. In case of breach of secrecy by a contractor’s staff member, the contractor has to dismiss the relevant staff member immediately from service, upon demand of the contracting agency. The afore mentioned obligation is effective also after termination of this agreement.

Secrecy and Data Protection. 9.1 The contracting parties agree to keep confidential all information, documents, and data of which they gain knowledge in the performance of the Contractual deliveries and services and to not make such information, documents, and data available to any third parties outside of the scope of the Contract. The contracting parties shall instruct their employees who are involved in the implementation of the project about the confidentiality obligation. The Customer shall implement suitable measures to ensure that unauthorized third parties do not have access to the Software provided under the Contract or other documents. The contracting parties will, to the extent permitted by law, oblige their employees who are involved in the execution of this software use and maintenance contract and the individual contracts concluded there under to maintain secrecy. However, XPLM shall always be entitled to utilize any knowhow gained in the performance of the Contract in its future business activities. 9.2 XPLM and the Customer shall observe data protection laws and regulations that are applicable to them. The Customer shall implement adequate safety measures to ensure that XPLM cannot accidentally access databases and systems not required for the performance of the Contract and troubleshooting. The Customer has sole responsibility for complying with data protection regulations. In particular, the Customer shall ensure that XPLM does not have access to personal data that is collected, processed or used by the Customer, irrespective of whether or not it is personal data about employees or other personal data of end Customers. The Customer shall further procure, on its own initiative, any consents from its employees, business partners, and other relevant third parties required for access to personal data by XPLM in connection with the performance of the Contract, including troubleshooting, in particular with a view to access (via remote data transfer or on site) to the respective databases. The Customer shall indemnify XPLM against any third-party claims based on inadequate consents. 17.1 If and to the extent that access to personal data during the provision of services under this software use and maintenance contract and the individual contracts concluded there under cannot be prevented, especially if XPLM cannot render its contractually owed services in any other way, the Customer will notify XPLM accordingly. In this case, the contracting parties will make the necessary a...

Secrecy and Data Protection. (1) Both parties shall maintain secrecy about all business and operational matters of which they become aware and shall treat all information in connection with the fulfillment of this Agreement as strictly confidential, even beyond its expiry. At the request of one of the parties, the parties shall also conclude a non-disclosure agreement that is customary in the market and meets the requirements of the German Law on the Protection of Trade Secrets [Gesetz zum ▇▇▇▇▇▇ von Geschäftsgeheimnissen, GeschGehG]. (2) When processing personal data, the parties shall comply with the applicable data protection laws. If necessary, the contracting parties will mutually regulate details in a contract for commissioned processing in accordance with the requirements of Art. 28 (3) of the General Data Protection Regulation (GDPR).

Secrecy and Data Protection. 16.1. Information made available to the customer on the basis of the business relation, as well as information which may be classified as confidential according to the circumstances, must be treated confidentially. It will be identified as such („confidential information“). Confidential information must not be passed on to third party and may only be used for the explicitly provided purpose. 16.2. All kinds of confidential information must be handed out to MedCom immediately on request, all eventual copies be destroyed, and a declaration be made to that effect. 16.3. The customer agrees to the use of his data received from the business relation to MedCom’s own commercial purposes, within the company including subsidiaries, complying with data protection rules. 16.4. Both parties undertake to observe the currently valid regulations of data protection laws.