Parties

(1)          [FULL NAME OF 3^rd PARTY SUPPLIER] [incorporated and registered[User11] ] in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS]

(2)          LAURENCE JONES FUNERAL DIRECTORS ] [incorporated and registered] in England and Wales with company number [NUMBER] whose registered office is at

(3)          [CASTLE HOUSE FUNERAL HOME 86 TEEHEY LANE, BEBINGTON,WIRRAL,CH63 8QU

(4)          AND ALSO AT 8 INCE LANE, ELTON,CHESTER CH24LU]

BACKGROUND

(A)          < LAURENCE JONES FUNERAL DIRECTORS> and < ANY FUNERAL PLAN PROVIDERS/ 3^RD PART SUPPLIERS> both have a requirement to use personal data in respect of the provision of funeral care services.

(B)          < LAURENCE JONES FUNERAL DIRECTORS> and < ANY FUNERAL PLAN PROVIDERS/3^RD PARTY SUPPLIERS> wish to formalise their respective roles in relation to of these activities and agree how such activities should be treated for the purposes of the Data Protection Requirements (defined below).

Agreed terms

1.            Interpretation

1.1          The following definitions and rules of interpretation apply in this agreement.

                Business Purpose: the purposes of providing funeral care services and related business activities.

                Commencement Date: [the date of this Agreement].

                Data: any personal data (as defined the Data Protection Directive (95/46/EC)), held by < LAURENCE JONES FUNERAL DIRECTORS> and/or < ANY FUNERAL PLAN PROVIDERS/ 3^RD PARTY SUPPLIERS> for the Business Purpose.

                Data Protection Requirements: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction.

                Processing: the processing of the Data to be undertaken by < 3RD PARTY SUPPLIER NAME > under this agreement.

1.2          A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.3          A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

2.            Processing and < 3RD PARTY SUPPLIER NAME > Obligations

2.1          < LAURENCE JONES FUNERAL DIRECTORS> and < 3RD PARTY SUPPLIER NAME > agree that for the purpose of the Data Protection Requirements < 3RD PARTY SUPPLIER NAME > shall be the data processor and < LAURENCE JONES> shall be the data controller in respect of the Data.

2.2          During the Term < 3RD PARTY SUPPLIER NAME > shall undertake all the Processing necessary for the Business Purposes or otherwise agreed between < 3RD PARTY SUPPLIER NAME > and < LAURENCE JONES FUNERAL DIRECTORS> from time to time.

2.3          < 3RD PARTY SUPPLIER NAME > shall undertake all Processing in compliance with the Data Protection Requirements.

2.4          All Processing shall be undertaken in accordance with the latest guidance issued by the UK Information Commissioner’s Office.

2.5          All Processing shall be undertaken in accordance with < LAURENCE JONES FUNERAL DIRECTORS> written instructions. [LL2] 

2.6          < 3RD PARTY SUPPLIER NAME > shall ensure that it and where applicable its employees are at all times fully trained in relation to the Data Protection Requirements.

2.7          < 3RD PARTY SUPPLIER NAME > shall not delegate or sub-contract the Processing without < LAURENCE JONES FUNERAL DIRECTORS>’s express written consent.

2.8          < 3RD PARTY SUPPLIER NAME > shall at all times keep < LAURENCE JONES FUNERAL DIRECTORS> informed of all Processing including details of the relevant Data being processed and the locations where the Processing takes place.

2.9          The Processing shall only be undertaken at the premises agreed between < 3RD PARTY SUPPLIER NAME > and <LAURENCE JONES FUNERAL DIRECTORS > from time to time.

2.10       [DETAILS TBC OF OTHER RELEVANT GUIDELINES AND OBLIGATIONS] [LL3] 

3.            Security and passwords

3.1          < 3RD PARTY SUPPLIER NAME/ FUNERAL PLAN PROVIDERS > shall ensure that all Data is kept secure and (where requested by < LAURENCE JONES FUNERAL DIRECTORS> or required by Data Protection Requirements) in an encrypted form in accordance with this Agreement and Data Protection Requirements.

3.2          If < 3RD PARTY SUPPLIER NAME > becomes aware of any unauthorised or unlawful processing of any Data or the loss or destruction of any such Data, it shall promptly notify < FD NAME > and fully co-operate with < LAURENCE JONES FUNERAL DIRECTORS> to remedy the issue as soon as reasonably practicable.[LL4] 

3.3          < 3RD PARTY SUPPLIER NAME > shall take all reasonable precautions to preserve the integrity of the Data and to prevent any corruption or loss of it.

4.            Term and termination

4.1          This agreement shall commence on the Commencement Date and shall continue unless and until terminated in accordance with its terms (“Term”).

4.2          < LAURENCE JONES FUNERAL DIRECTORS> may terminate this agreement in respect of the Services (wholly or in part) by giving < 3RD PARTY SUPPLIER NAME > [4] weeks’ written notice.

5.            Assignment

5.1          < 3RD PARTY SUPPLIER NAME > shall not assign or transfer any of its rights and obligations under this agreement without the prior written consent of < LAURENCE JONES FUNERAL DIRECTORS >.

5.2          < LAURENCE JONES FUNERAL DIRECTORS > may at any time assign or transfer, or deal in any other manner with any of its rights and obligations under this agreement without the consent of < 3RD PARTY SUPPLIER NAME >.

6.            Variation

Except as expressly provided in this agreement, no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

7.            Governing law

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

8.            Jurisdiction

8.1          Each party irrevocably agrees that the courts of England and Wales shall have non exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This agreement has been entered into on the date stated at the beginning of it.