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3.1 Unless specifically provided for in this Agreement, the following terms shall have the following meanings:

Agreed Purposes

has the meaning given in clause 7;

Commencement Date

has the meaning given in clause 5.1;

Controller”, , “Personal Data”, “Personal Data Breach”, “Processing (including “Process” and “Processed”), and Special Categories of Personal Data 

  has the meaning given in the DPA 2018;

“Commissioning Contract”

means the commercial arrangement between the Parties;

Data Protection Law

means, for the periods in which they are in force in the United Kingdom, the DPA 2018, the GDPR, the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to Processing of Personal Data and privacy;

Data-Subject”     “Patient

means a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person in any PKB Data;

“Data Subject Access Request”

means a request from a Data Subject under Data Protection Law in respect of PKB Data;

DPA 2018

means the Data Protection Act 2018;

GDPR

means the General Data Protection Regulation (Regulation (EU) 2016/679) and UK General Data Protection Regulation;

“PKB data”

means all personal data held on the PKB platform, both patient Record and Patient Account;

“Services”, “Platform”, “Solution”

means the PKB software and architecture, infrastructure and operations.

Third-Party Communication

has the meaning given in clause 11.3.

UK GDPR

means the GDPR as implemented into UK law by the DPA 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419).

3.2 The following rules of interpretation apply to this Agreement:

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29.3.1 PKB Data to be Processed under this Agreement may include data from the following sources: 

Organisations Electronic Patient Record 

Patient Inputted Data

Third Party Partners and Integrations (for purposes of care provision)

29.4 The inclusion of personal data of any natural person under the age of 13 should be considered on a case by case basis.

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PKB will only act under the following instruction of the Organisation for this processing operation 

Description

Details

Identity of Controller for each Category of Personal Data

Organisation is the Controller for all Personal Data categories.

Duration of the Processing

Duration of the Data Processing Contract 

Nature and purposes of the Processing

PKB provides a software solution to allow Organisations to share patients records between themselves. PKB are considered a Processor for Organisation inputted data within the Patient Record

For this personal data, PKB will only process this personal data in order to provide the service of the PKB platform.

Type of Personal Data

  • Patient name

  • Patient contact details

  • Patient date of birth

  • Patient racial/ethnic origin

  • Patient’s health record 

  • Controllers users of the PKB platform

Categories of Data Subject

Controller’s patients 

Controller’s staff using PKB platform 

Plan for return and destruction of the data once the Processing is complete UNLESS requirement under Union or Member State law to preserve that  type of data

At the end of the Agreement, all personal data will be destroyed or returned to the Controller, at the choice of the Controller

Transfers of data outside the UK

There will be no transfers of personal data outside the UK

31. SCHEDULE 3: SECURITY CONTROLS

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