Where the party responding to an EIR, FOIA or FOI(S)A request determines that it will disclose information it will notify the other party in writing, giving at least four (4) calendar notice of days’ its intended disclosure. Confidential information The receiving party agrees to take all reasonable steps to protect the confidentiality of the confidential information and to prevent it from being disclosed otherwise than in accordance with this agreement. Subject to clause 3.4 below, the participating organisation agrees to treat the results, excluding any clinical data of the study, as confidential information disclosed by the sponsor and the sponsor agrees to treat Personal Data as confidential information disclosed by the participating organisation. The receiving party agrees: To ensure that any of its employees, students, researchers, consultants or who participate in the operation of the study are made aware of, and abide by, the requirement of this clause 3 and, where relevant, clause 2. To use confidential information solely in connection with the operation of the agreement and not otherwise. Not to disclose confidential information in whole or in part to any person without the prior written consent. disclosing party’s The provision of clause 3 shall not apply to the whole or any part of the confidential information that is: lawfully obtained by the receiving party free of any duty of confidentiality; already in the possession of the receiving party and which the receiving party can show from written records was already in its possession (other than as a result of a breach of clause 3.1 or 3.2); in the public domain (other than as a result of a breach of clause 3.1 or 3.2); independently discovered by employees of the receiving party without access to or use of confidential information; necessarily disclosed by the receiving party pursuant to a statutory obligation; disclosed with prior written consent of the disclosing party; necessarily disclosed by the receiving party by virtue of its status as a public authority in terms of the Freedom of Information Act 2000; published in accordance with HRA expectations on research transparency. The restrictions contained in clauses 2 and 3 shall remain in force without limit in time in respect of Personal Data or which relates to a patient, his or her treatment and/or medical records. Save as aforesaid and unless otherwise expressly set out in this Agreement, these clauses shall remain in force for a period of 10 years after the termination or expiry of this Agreement.
Where the party responding to an EIR, FOIA or FOI(S)A request determines that it will disclose information it will notify the other party in writing, giving at least four (4) calendar days’ notice of its intended disclosure. Confidential information The receiving party agrees to take all reasonable steps to protect the confidentiality of the confidential information and to prevent it from being disclosed otherwise than in accordance with this agreement. Subject to clause 3.4 below, the participating organisation agrees to treat the results, excluding any clinical data of the study, as confidential information disclosed by the sponsor and the sponsor agrees to treat Personal Data as confidential information disclosed by the participating organisation. The receiving party agrees: To ensure that any of its employees, students, researchers, consultants or who participate in the operation of the study are made aware of, and abide by, the requirement of this clause 3 and, where relevant, clause 2. To use confidential information solely in connection with the operation of the agreement and not otherwise. Not to disclose confidential information in whole or in part to any person without the disclosing party’s prior written consent. The provision of clause 3 shall not apply to the whole or any part of the confidential information that is: lawfully obtained by the receiving party free of any duty of confidentiality; already in the possession of the receiving party and which the receiving party can show from written records was already in its possession (other than as a result of a breach of clause 3.1 or 3.2); in the public domain (other than as a result of a breach of clause 3.1 or 3.2); independently discovered by employees of the receiving party without access to or use of confidential information; necessarily disclosed by the receiving party pursuant to a statutory obligation; disclosed with prior written consent of the disclosing party; necessarily disclosed by the receiving party by virtue of its status as a public authority in terms of the Freedom of Information Act 2000; published in accordance with HRA expectations on research transparency. The restrictions contained in clauses 2 and 3 shall remain in force without limit in time in respect of Personal Data or which relates to a patient, his or her treatment and/or medical records. Save as aforesaid and unless otherwise expressly set out in this Agreement, these clauses shall remain in force for a period of 10 years after the termination or expiry of this Agreement.
PQIP%20Patient%20Study%20Statement%20of%20%20Activities%20HRA-approved.docx