A OCR delivers a range of assessments, qualifications and tests, for learners of all ages across the full range of subjects.
B The Centre puts forward candidates for OCR’s assessments, qualifications and tests.
C In order for the Parties properly to administer the participation of the Centre’s candidates for OCR’s assessments, qualifications and tests, it is necessary for the Parties to share information including the personal data and special category data of candidates.
D The Parties consider that such data is transferred on a controller-to-controller basis.
E This Data Sharing Agreement sets out the basis upon which the Parties will share such information and comply with their data protection obligations in relation to the rights of candidates as data subjects.
1.1 In this Agreement, the following words have the following meanings:
Agreed Purposes: in order for:
Assessments: the assessments, qualifications, tests and other services provided by OCR
Assessment Services: any services provided or made available by OCR in connection with the participation of Candidates in Assessments
Candidate: an individual entered by the Centre for Assessments and any other data subject whose personal data is provided by the Centre to OCR
Candidate Privacy Information: information to be provided to Candidates regarding the processing of their personal data in connection with this Data Sharing Agreement, as further detailed at Schedule 1 (as may be updated by OCR from time to time)
Controller, processor, data subject, personal data, special category data, processing and appropriate technical and organisational measures: shall have the meanings ascribed to them in the Data Protection Legislation (for the avoidance of doubt, the term personal data includes special category data)
Data Protection Legislation: (as applicable) the Data Protection Act 1998; Regulation (EU) 2016/679 (the “GDPR”); and any laws, regulations and/or secondary legislation transposing the GDPR into English law or with similar subject matter, including any successor legislation to the Data Protection Act 1998
Data Sharing: the transfer of the Shared Personal Data
Effective Date: 24 May 2018
Permitted Recipients: the Parties, the employees of each Party; the individuals and organisations that represent, or provide services on behalf of, each Party; the affiliated businesses or organisations of each Party and those owned by each Party; and, in the case of OCR the following: any examiners engaged to perform obligations in connection with Assessments; the Universities and Colleges Admissions Service, any university, college or other educational establishment, and any other organisation (including other Awarding organisations, Ofqual, businesses and governmental or other public bodies) in order to meet our obligations in delivery of assessment services
Shared Personal Data: any personal data shared between the Parties in connection with the provision of Assessment Services.
1.2 In this Data Sharing Agreement unless the context otherwise requires:
2.1 This Data Sharing Agreement governs the Data Sharing and is the only basis upon which OCR will accept personal data from the Centre in relation to Candidates.
2.2 This Data Sharing Agreement is intended to be legally binding and shall prevail over all other agreements, arrangements and understandings between the Parties relating to the Data Sharing, whether made before or after the date of this Data Sharing Agreement and notwithstanding any wording to the contrary in such agreements, arrangements and understandings between the Parties.
2.3 Any agreements, arrangements and understandings between the Parties which are unrelated to the Data Sharing, or which are related to the Data Sharing but do not conflict with the provisions of this Data Sharing Agreement, shall continue in full force and effect notwithstanding this Data Sharing Agreement.
2.4 This Data Sharing Agreement shall commence on the Effective Date and shall continue in full force and effect until it is terminated by mutual agreement between the Parties.
3.1 Prior to transferring the personal data of any Candidate to OCR [(and in any event no later than one month from such transfer)], the Centre shall provide the Candidate Privacy Information to such Candidate.
4.1 Each Party shall comply with all the obligations imposed on a controller under the Data Protection Legislation. Any material breach of the Data Protection Legislation by a Party in connection with the Data Sharing shall constitute a material breach of this Data Sharing Agreement.
4.2 The Centre shall:
4.3 The Parties shall:
5.1 Each Party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, in connection with the Shared Personal Data, each Party shall:
6.1 Any notice given in connection with this Agreement shall be in writing and delivered by hand, pre-paid first class post or courier (using an internationally recognised courier company) to the registered office of the other Party or to such other address subsequently notified in writing by the other Party for such purpose.
6.2 No Party may assign, novate, sub-contract, charge or otherwise transfer any or all of its rights obligations under this Agreement without the prior written consent of the other Party.
6.3 If any provision of this Agreement is held to be void, illegal or otherwise unenforceable by a court of competent jurisdiction then the relevant provision will be deemed deleted and the remaining provisions of this Agreement will remain in full force and effect.
6.4 No variation or amendment of this Agreement will be effective unless it is made in writing and signed on behalf of each Party.
6.5 No person other than a Party has any rights under the Contracts (Rights of Third Parties) Act 1999 or any similar legislation to enforce any terms of this Agreement.
6.6 If there is a conflict between this agreement and any other agreements we have with you relating to data sharing this Data Sharing Agreement will take precedence.
6.7 The validity, construction and performance of this Agreement shall be governed by English law.
6.8 The Parties irrevocably submit to the exclusive jurisdiction of the English courts to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.