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This obligation does not extend to documents and information:
a) of which the Receiving Party was already aware; 10
b) already public at the time of their communication or which would become so without violating this
agreement. As a reminder, a document is considered accessible to the public only if it is possible, on
the date in question, to read it without violating the rights of a third-party, in particular without
violating a confidentiality clause.
c) which would have been lawfully received from a third party;
d) the communication of which would be required by the judicial authorities, in application of the laws
and regulations or in order to establish the rights of a Party under this Agreement.
II: Confidentiality attached to the intuitu personae character of the reciprocal commitment of the partners
Confidentiality attached to compliance with Law No. 78-17 of January 6, 1978, known as the Data Protection
Act, amended by the entry into force in the Territory of the General Regulations relating to Data Protection.
Personal Data (DCP)
The obligation of confidentiality of the receiving parties concerns the Personal Data likely to be processed.
Thus, personal data is any information relating to an identified or identifiable natural person (hereinafter referred
to as "data subject"); an "identifiable natural person" is deemed to be 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 elements specific to his physical, physiological, genetic, psychological,
economic, cultural or social identity.
Processing means the following operations: any operation or set of operations whether or not carried out thanks
to automated processes and applied to data or sets of personal data, such as collection, recording, organization,
structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission,
dissemination or any other form of making available, reconciliation or interconnection, limitation, erasure or
destruction.
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