9 Confidentiality and Data Protection
9.1 In this clause 9, Confidential Information means all information designated as confidential by the disclosing party in writing or which may reasonably be regarded as the disclosing party’s confidential information and includes (a) any process or know-how disclosed to you in respect of the Services, (b) any information concerning the provisions of this Agreement, (c) non-public information concerning the other party’s business or financial affairs, and (d) any other confidential information which, if disclosed to a third party, could adversely affect a competitive advantage of the other party.
9.2 Each party shall both during and after the term of the Agreement (a) hold in confidence and neither use nor permit the use of any Confidential Information of the other party for any purpose other than to fulfil the first party’s obligations under this Agreement and (b) use at least the same degree of care to prevent the unauthorised copying, use and/or disclosure of the other party’s Confidential Information that the first party uses to protect its own Confidential Information of like importance.
9.3 Either party may disclose Confidential Information if and to the extent (a) required by applicable law or by a court or other competent authority (provided that before disclosing such information the disclosing party shall where practicable give the other party at least ten business days’ notice), (b) the information has come into the public domain through no breach of this Agreement, any third-party agreement or law, (c) it is known to the other party before this Agreement without any restriction on its disclosure and/or (d) disclosed to its professional advisers in confidence for the purpose of obtaining professional advice in connection with this Agreement.
9.4 Each party shall comply with all applicable data protection laws and regulations in respect of any personal data (as such expression is defined in the Data Protection Act 1998) controlled and/or processed by such party in connection with this Agreement and/or the Event.
9.5 It is acknowledged and agreed that the Services requires the transfer of certain Customer personal data to and from us from time to time. You are the data controller in respect of such data and you agree to shall obtain all consents and clearances as may be required from time to time to enable us to process the personal data in connection with our performance of the Agreement.