Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II.8. Confidentiality 
II.8.1. The contracting authority and the contractor must treat with confidentiality 
any information or documents, in any format, disclosed in writing or orally, relating 
to the implementation of the FWC and identified in writing as confidential. 
II.8.2. Each party must: 
(a) not use confidential information or documents  for any purpose other than to 
perform its obligations under the FWC or a specific contract without the prior 
written agreement of the other party;  
(b) ensure the protection of such confidential information or documents  with the 
same level of protection as its own  confidential information or docum ents and 
in any case with due diligence;  
(c) not disclose, directly or indirectly, confidential information or documents  to 
third parties without the prior written agreement of the other party. 
II.8.3 The confidentiality obligations set out in this Article are binding on the contracting 
authority and the contractor during the implementation of the FWC and for as long 
as the information or documents remain confidential unless:  
(a) the disclosing party agrees to release the receiving party from the 
confidentiality obligation earlier;  
(b) the confidential information or documents become public through other means 
than a breach of the confidentiality obligation;  
(c) the applicable law requires the disclosure of the confidential information or 
documents.  
II.8.4 The contractor must obtain from any natural person with the power to represent it 
or take decisions on its behalf, as well as from third parties involved in the 
implementation of the FWC a commitment that they will comply with this Article. At 
the request of the contracting authority , the contractor must provide a document 
providing evidence of this commitment. 
II.9. Processing of personal data  
II.9.1 Processing of personal data by the contracting authority 
Any personal data included in or relating to the FWC, including its implementation, shall 
be processed in accordance with Regulation (EU) No 2018/1725. Such data shall be 
processed solely for the purposes of the implementation, management and monitoring of 
the FWC by the data controller. 
The contractor or any other person whose personal data is processed by the data controller 
in relation to this FWC has specific rights as a data subject under Chapter III (Articles 14 -
25) of Regulation (EU) No 2018/1725, in particular the right to access, rectify or e rase 
their personal data and the right to restrict or, where applicable, the right to object to 
processing or the right to data portability. 
Should the contractor or any other person whose personal data is processed in relation to 
this FWC have any queries concerning the processing of its personal data, it shall address