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23.18

The Contractor shall not unlawfully or unjustifiably discriminate in the performance of the Services under the Contract on the grounds of a person's race, gender, social  class, age, religion, sexual orientation, appearance, disability or medical condition.

23.19

The Contractor shall comply with section 71(1) of the Race Relations Act 1976 (as amended) (Race Relations Act) as if it were a body within the meaning of Schedule 1A of the Act (or any European equivalent) which shall be deemed to include without limitation an obligation to have due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups.  Notwithstanding the foregoing, the Contractor shall not be required to comply with specific duties imposed on public authorities by virtue of an Order under section 71(2) of the Act.

23.20

The Contractor shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by Clauses 23.18 and 23.19.

DATA PROTECTION

23.21

The Contractor shall comply with the Data Protection Act 1998 ("the 1998 Act") and any other applicable data protection legislation.  In particular the Contractor agrees to comply with the obligations placed on the PCT by the seventh data protection principle ("the Seventh Principle") set out in the 1998 Act, namely:

23.21.1

to maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the PCT by the Seventh Principle;

23.21.2

only to process Personal Data for and on behalf of the PCT, in accordance with the instructions of the PCT and for the purpose of performing the Services in accordance with the Contract and to ensure compliance with the 1998 Act;

23.21.3

to allow the PCT to audit the Contractor's compliance with the requirements of this Clause 23.21 on reasonable notice and/or to provide the PCT with evidence of its compliance with the obligations set out in this Clause 23.21.

23.22

Both Parties agree to use all reasonable efforts to assist each other to comply with the 1998 Act. For the avoidance of doubt, this includes the Contractor providing the PCT with reasonable assistance in complying with subject access requests served on the PCT under Section 7 of the 1998 Act and the Contractor consulting with the PCT prior to the disclosure by the Contractor of any Personal Data in relation to such requests.

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