Data transfer agreement
No 0103-9/11/
_
Riga
____ _________ 2012
Central Statistical Bureau represented by Aija Žīgure, acting on the basis of the Central
Statistical Bureau Regulation (Regulations of the Cabinet of Ministers No 994 30.11.2004),
(hereinafter referred to as CSB) on the one hand and
DATA RECIPIENT)
on the other hand, hereinafter separately referred to as Party and together referred to as Parties,
conclude the Agreement (hereinafter referred to as Agreement) on following:
1. Object of Agreement and description of the Data
1.1.
CSB hands over to the DATA RECIPIENT and DATA RECIPIENT receives from the CSB
the data of the XXXX survey 2004 – 2010 (hereinafter referred to as Data).
1.2.
Data have been developed in compliance with the CSB 02.10.2007 Regulation No 0103-10.1/16
“Procedure under which survey files of anonymized persons are prepared, delivered and in which
fees for this service are imposed”.
2. Total cost and acceptance/ delivery of the object of Agreement
2.1.
For the preparation of the Data the DATA RECIPIENT pays the CSB in accordance with the
CSB pricelist of chargeable services, which has been approved by the Regulations of the Cabinet
of Ministers No 618 of 23 August 2005.
2.2.
The sum of the Agreement to be paid for the data preparation comprises LVL 10 (ten lats and 00
santims), including the payment to prepare the Data comprising LVL xx (xx lats and 00 santims)
and Value Added Tax (22%) comprising LVL xx (xx lats and 50 santims), that DATA
RECIPIENT pays until XX December 2011, basing on the invoice issued by the CSB.
2.3.
CSB hands over the Data to the DATA RECIPIENT, by sending the Data to the DATA
RECIPIENT e-mail address
within 10 (ten) days since the payment of the invoice.
3. Liabilities and obligations of Parties
3.1.
DATA RECIPIENT has rights to use the Data only for the purpose indicated in the DATA
RECIPIENT application (Annex 1).
3.2.
DATA RECIPIENT is responsible for own operations concerning the Data. Operations under
the Agreement are interpreted more freely and include Data storage, arrangement, conversion,
use, delivery, transmission and divulge, blocking or erasing.
3.3.
DATA RECIPIENT undertakes not to deliver the Data to the third parties. DATA RECIPIENT
is allowed to copy the Data with an aim to make one copy of the original data on own
workstation and to create work files on own workstation. The number of created work files on the
workstation of the DATA RECIPIENT is not limited. Under this Agreement the work files
concern files created from the copy of the original data and used by the DATA RECIPIENT for
the data correction and conversion.
3.4.
By signing this Agreement the DATA RECIPIENT acknowledges that has taken all necessary
administrative, technical and organisation measures (hereinafter referred to as safety measures)
for the Data protection. At the CSB request the DATA RECIPIENT is obliged to give the CSB
information on the safety measures taken for the Data protection, in order that CSB can make
sure of the Data safety.
3.5.
DATA RECIPIENT will not intentionally undertake activities to identify the data subjects of the
Data file.
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3.6.
If DATA RECIPIENT uses the Data in a manner that contravenes this Agreement and
Regulatory Enactments of the Republic of Latvia, the DATA RECIPIENT may be prosecuted
under the procedure set by the Regulatory Enactments of the Republic of Latvia.
3.7.
Within a month after achieving the aim identified at Point 3.1. the DATA RECIPIENT
permanently deletes the original data, copies of the original data and all work files in a way that
data can not be restored and informs the contact person of the CSB about that in a written form.
3.8.
If the CSB detects that DATA RECIPIENT is using the Data for the aims other than indicated
at the Point 3.1. the CSB has right to terminate the Agreement unilaterally.
3.9.
In case the DATA RECIPIENT does not fulfil the obligations identified at Points 3.1. - 3.7.
within a three years since the detection of the obligation infringement the CSB has a right to
forbid the DATA RECIPIENT using the confidential information at the CSB disposal for any
purpose.
3.10.
If DATA RECIPIENT does not pay the invoice for the Data preparation within a period
stipulated under the Agreement, the DATA RECIPIENT has to pay the CSB a forfeit
comprising 1% (one per cent) of the total sum of the Agreement for each delayed calendar day.
3.11. If CSB does not hand over the Data to the DATA RECIPIENT within a period stipulated under
the Agreement, the CSB has to pay the DATA RECIPIENT a forfeit comprising 1% (one per
cent) of the total sum of the Agreement for each delayed calendar day. DATA RECIPIENT
unilaterally deducts the forfeit at the moment when the payment is made.
3.12.
The payment of the forfeit does not liberate the Parties from complete fulfilment of the
obligations.
4. Changes in Agreement and procedure of its termination
4.1.
The Agreement becomes valid when it has been signed by both parties and shall be valid until the
Parties fulfil the obligations under this Agreement completely.
4.2.
Any supplements or amendments to the Agreement shall be in force if signed and endorsed by
both Parties; these supplements and amendments are added to the Agreement and become an
integral part thereof.
4.3.
If any of the Parties fails to fulfil or violates the obligations of the Agreement, the other Party has
a right to terminate the Agreement unilaterally by sending the other Party a written notice 15
(fifteen) days in advance.
4.4.
In case of the Agreement termination the DATA RECIPIENT is obliged to perform the
activities indicated at Point 3.7.
5. Force majeure
5.1.
The Party, which cannot fully or partially fulfil its obligations because of the force majeure
circumstances, notifies the other Party on the commencement of the above conditions not later
than within 5 (five) working days. In that case both Parties come to a written agreement about
other terms of the fulfilment of obligations.
5.2.
This force majeure represents conditions that are beyond the control and responsibility of both
Parties and that can be neither foreseen nor eliminated previously by the Parties when concluding
the Agreement (natural disasters, flood, fire, earthquake and other elemental forces, as well as
war and warfare, strikes, adoption of new laws and regulations, and other conditions beyond the
possible control of the Parties).
5.3.
If conditions of exceptional character last for more than 3 (three) months, each Party has a right
to notify the other Party on unilateral deviation from the Agreement in a written form. In this case
none Party of the Agreement can claim compensation for losses incurred due to the breach of this
Agreement.
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6. Final provisions
6.1.
The Agreement with annex is drawn up on 3 (three) pages in 2 (two) originals, one for each Party.
Both originals have equal legal force.
6.2.
Under this Agreement also electronic documents that are sent by the e-mail and may not have
electronically safe signature should be regarded as information sent in a written form.
6.3.
Under this Agreement the contact person of the CSB is represented by U. Ainārs – Director of the
Information, Publishing and Printing Department (uldis.ainars@csb.gov.lv). The contact person
of the CSB has a right to sign the documents related with the execution of this Agreement and to
control the execution of this Agreement by sending written notice.
6.4.
Contact person of the DATA RECIPIENT under this Agreement is represented by
.
The contact person of the DATA RECIPIENT has a right to sign the documents related with the
execution of this Agreement and to control the execution of this Agreement by sending written
notice.
6.5.
Any disagreement, friction or disputes that may arise about or in connection with the Agreement
shall be resolved by the means of mutual negotiation. The result of the negotiation shall be
recorded correspondingly and becomes an integral part of this Agreement.
6.6.
In case Parties are not able to solve the problem, it is done at the judicial instances of the
Republic of Latvia.
6.7.
All issues that are not regulated under this Agreement shall be solved in compliance with the laws
and regulations effective in the Republic of Latvia.
7. Legal addresses and signatures of the contracting Parties
Central Statistical Bureau
Address: St. Lāčplēša 1, Riga LV - 1301
Reg. No: 90000069830
Bank requisites: The Treasury
Bank code: TRELLV22
Account No: LV03TREL2120039016000
_____________________
/ Aija Žīgure /
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