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Sample Confidentiality and Data Protection Clause

The document contains a confidentiality and data protection clause with the following key points: 1. Neither party can disclose or use any confidential information about the other party except as required by law or to fulfill obligations under the agreement. Confidential information includes the agreement terms, intellectual property, business plans, strategies, and trade secrets. 2. One party may provide customer personal data to the other party to fulfill the agreement. Both parties are data controllers and customer consent is required. 3. The receiving party guarantees to process personal data in accordance with privacy laws, only for the purposes of the agreement, and with appropriate security and protections.

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504 views1 page

Sample Confidentiality and Data Protection Clause

The document contains a confidentiality and data protection clause with the following key points: 1. Neither party can disclose or use any confidential information about the other party except as required by law or to fulfill obligations under the agreement. Confidential information includes the agreement terms, intellectual property, business plans, strategies, and trade secrets. 2. One party may provide customer personal data to the other party to fulfill the agreement. Both parties are data controllers and customer consent is required. 3. The receiving party guarantees to process personal data in accordance with privacy laws, only for the purposes of the agreement, and with appropriate security and protections.

Uploaded by

Mira Miraglia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SAMPLE CONFIDENTIALTY AND DATA PROTECTION CLAUSE

1.1 Neither party shall, during or after the term of this Agreement, except as expressly set
forth hereunder, divulge to any third party any Confidential Information, except as required by
any government authority or by law, or use any Confidential Information about the other party,
its affiliates or its business obtained from said party for any purpose not directly related to the
performance of its obligations under this Agreement. The term “Confidential Information” shall
include, but not be limited to, this Agreement and its terms and conditions, any commercially
valuable, proprietary and confidential information and trade secrets with respect to the business
of the party disclosing such information, including such party’s intellectual property, business
plans, strategies, trade secrets and operating strategies. This clause 1 shall survive the
termination of this Agreement.
1.2 XX may provide YY with certain personal data, such as name, birth date, and other
details of the customers in connection with this
Agreement. For clarification, XX and YY act as data controllers of any personal data
processed pursuant to this Agreement. XX shall obtain any necessary consent for XX to
be able to process the personal data in accordance with applicable privacy and data
protection legislations (“Data Protection Laws”).

YY guarantees that:
(a) it shall process the personal data in accordance with applicable Data Protection Laws;
(b) it shall only process the personal data for the purposes of performing its obligations as
set forth in this Agreement;
(c) it shall treat the personal data as Confidential Information;
(d) it shall have in place appropriate technical and organizational measures to protect the
personal data against accidental or unlawful destruction or accidental loss, alteration,
unauthorized disclosure or access, and which provide a level of security appropriate
to the risk represented by the processing and the nature of the personal data to be
protected;
(e) where YY transfers personal data to its affiliates, sub-contractors or any third party
processors (as applicable), it guarantees that it will put in place appropriate
agreements to ensure that the personal data is adequately protected in accordance with
this clause;
(f) it has no reason to believe, at the time of entering into this Agreement in the existence
of any local laws that would have a substantial adverse effect on the commitments
provided for in this clause; and
(g) it shall, upon request, provide XX with all information necessary to demonstrate
compliance with Data Protection Laws and allow for, and contribute to, audits and
inspections conducted by XX or any auditor mandated by XX, subject to reasonable
notice.

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