Terms and Conditions

Data sharing

The following definitions apply in this clause:

Agreed Purposes: to enable the sponsor to send details of its products and/or services to conference delegates by writing to the address of the practice at which they work.

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures:  as set out in the UK Data Protection Legislation in force at the time.

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); [and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party].

Permitted Recipients:  the sponsor, the employees of the sponsor and any third parties engaged to perform obligations in connection with the agreement between MediConf and the sponsor.

Shared Personal Data: the personal data to be shared between the parties pursuant to clause 1.1. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:

1. name of conference delegate;
2. address of practice at which conference delegate works; and
3. Job title of conference delegate (e.g. doctor, nurse, etc.).

1.1 Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that MediConf will regularly disclose to the sponsor Shared Personal Data collected by the Data Discloser for the Agreed Purposes.

1.2 Effect of non-compliance with UK Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the UK Data Protection Legislation, and any material breach of the UK Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.

1.3 Particular obligations relating to data sharing. The sponsor shall:

(a)  Give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;

(b)  Process the Shared Personal Data only for the Agreed Purposes;

(c)  Not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;

(d)  Ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;

(e)  ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and

(f)  Not transfer any personal data received from MediConf outside the EEA unless the transferor:

(i)  Complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and

(ii)  ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) Binding corporate rules are in place or (iv) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.

1.4 The sponsor shall assist MediConf in complying with all applicable requirements of the UK Data Protection Legislation. In particular, the Sponsor shall:

(a)  Consult with MediConf about any notices given to data subjects in relation to the Shared Personal Data;

(b)  Promptly inform MediConf about the receipt of any data subject access request;

(c)  Provide MediConf with reasonable assistance in complying with any data subject access request;

(d)  Not disclose or release any Shared Personal Data in response to a data subject access request without first consulting MediConf wherever possible;

(e)  assist MediConf, at the cost of the sponsor, in responding to any request from a data subject and in ensuring compliance with its obligations under the UK Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;

(f)  Notify MediConf without undue delay on becoming aware of any breach of the UK Data Protection Legislation;

(g)  At the written direction of MediConf, delete or return Shared Personal Data and copies thereof to MediConf on termination of this agreement unless required by law to store the personal data;

(h)  Use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;

(i)  maintain complete and accurate records and information to demonstrate its compliance with its data protection obligations and allow for audits by MediConf or MediConf’s designated auditor; and

(j)  provide MediConf with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the UK Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the UK Data Protection Legislation.

1.5 Indemnity. The sponsor shall indemnify MediConf against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MediConf arising out of or in connection with the breach of the UK Data Protection Legislation by the sponsor, its employees or agents.