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Accreditation of ICT Suppliers

Information and furnish the Agency with statutory declarations certifying that no copies of the Personal Data and Confidential Information have been made or retained.

5.

This Undertaking:

a.

contains the entire agreement between the parties hereto concerning the Personal Data and Confidential Information and supersedes any previous understandings commitments or agreements oral or written;

b.

is personal to the parties and shall not be assigned or otherwise transferred in whole or in part by the Recipient without the prior written consent of the Agency.

c.

The failure by the Agency to enforce at any time any one or more of the terms or conditions of this Undertaking shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Undertaking.

6.

The Recipient:

e.

acknowledges that, in accordance with this Undertaking, he or it will be acting as data processor appointed by the Agency and will have access to personal data and sensitive personal data, both as defined in the Data Protection Act 1998 (“The Act”) (”Personal Data”). When the Recipient is acting as a data processor in relation to any processing of Personal Data, the Recipient will comply with the provisions of Paragraph 6b below;

f.

will only process Personal Data for the Authorised Use and on instructions from the Agency. Notwithstanding Paragraph 4 above, the Recipient will take such security measures as required to enable it to process the Personal Data in compliance with obligations equivalent to those imposed on the Agency as a data controller by the Seventh principle of the Act.  Unless required to do so by law or by any regulatory body, the Recipient will not disclose any Personal Data to any third party except in accordance with the Agency’s prior written instructions.  The Recipient will not process any Personal Data outside of the European Economic Area or in the USA without the Agency’s prior written consent.

g.

shall allow the Agency’s employees, authorised agents or advisers upon reasonable prior written notice reasonable access to any relevant premises during normal business hours to audit the Recipient’s compliance with this Undertaking; and shall co-operate so far as is reasonable with the Agency in complying with any subject access request and/or responding to any enquiry or investigation or assessment of processing initiated by the Information Commissioner in respect of the Personal Data.

d.

The Agency retains all intellectual property rights in the Personal Data and Confidential Information at all times and for all purposes including the copyright or any other intellectual property right in materials produced by the Recipient relating to the Personal Data and Confidential Information.

e.

The construction validity and performance of this Undertaking shall be governed by the laws of England.

f.

No provision of this Undertaking is intended to create or creates any right or benefit enforceable against the parties under the Contracts (Rights of Third Parties) Act 1999.

We hereby confirm acceptance of the terms of this Undertaking

Signed…………………………...............................................Date……………..

Print Name…………………………...............................................

Position…………………………...............................................

For and on behalf of [insert bidding organisation name]

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 33 of 35

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