Master Alliance Provisions Guide (MAPGuide)

Lambert Agreement D

  • Information sharing & data safety | Confidentiality
  • Information sharing & data safety | Exceptions and limitations to the confidentiality obligations

§6.2:

None of the Parties will be in breach of any obligation to keep any Background, Results or other information confidential or not to disclose it to any third party to the extent that:

(i) if it is received from another Party, it is known to the Recipient or any of the Recipient’s Group Companies (demonstrable by written records) before its receipt from another Party, and it is not already subject to any obligation of confidentiality to another Party;

(ii) it is or becomes publicly known without any breach of this Agreement or any other undertaking to keep it confidential;

(iii) it has been obtained by the Recipient or any of the Recipient’s Group Companies from a third party in circumstances where the Recipient has no reason to believe that there has been a breach of an obligation of confidentiality to another Party;

(iv) it has been developed by the Recipient or any of the Recipient’s Group Companies without reference to another Party’s Confidential Information;

(v) is disclosed pursuant to the requirement of any law or regulation (provided, in the case of a disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, none of the exceptions to that Act or those Regulations (as the case may be) applies to the information disclosed) or pursuant to the order of any Court of competent jurisdiction or the requirement of any competent regulatory authority and that, in each case where the law permits, the Party required to make that disclosure has informed the Party whose information it is, within a reasonable time after being required to make the disclosure, of the requirement to make the disclosure and the information required to be disclosed; or

(vi) it is approved for release in writing by an authorized representative of the party whose information it is.

§6.3: Exceptions to Confidentiality Obligations

None of the Parties will be in breach of any obligation to keep another Party’s Background, Results or other information, confidential or not to disclose them to any third party by:

(i) [except in relation to another Party’s Background which is that Party’s Confidential Information,] Publishing them if that Party has followed the procedure in clause 5.2 and has received no Confidentiality Notice within the period stated in that clause; or

(ii) making them available to any student of that Academic Party who needs to know the same in order to exercise the rights granted in this Agreement, provided they are not used except as expressly permitted by this Agreement and the student undertakes to keep that Background, those Results and that information confidential.

§6.4: Exceptions to Confidentiality Obligations

None of the Parties will be in breach of any obligation to keep another Party’s Background, Results or other information, confidential or not to disclose them to any third party, by making them available to any of its Group Companies or any person working for or on behalf of it or any of its Group Companies, who needs to know the same in order to exercise the rights granted in clause 4.2 or 4.8 provided they are not used except as expressly permitted by this Agreement and the recipient undertakes to keep that Background, those Results or that information confidential.

§6.5: Exceptions to Confidentiality Obligations

[No Party will be in breach of any obligation to keep any other Party’s Confidential Information, confidential or not to disclose it to any third party by disclosing it to the Funding Body in accordance with the Funding Conditions.]