NEC4 Practice Note Issued – Complying with GDPR

This note provides guidance on the information that needs to be included in an NEC4 contract which includes the processing of personal data as defined in the GDPR in order to comply with Article 28. It describes the requirements in relation to an NEC4 Engineering and Construction Contract (ECC), but equivalent clauses would be needed on other NEC4 contracts when applicable. Any processing of personal data must be carried out in accordance with other requirements of GDPR; this practice note does not extend to those requirements.

NOTE: Similar provisions are needed in the Works Information or equivalent of an NEC3 contract which requires the processing of personal data. The terms should be changed to reflect the defined terms in the appropriate NEC3 contract.

If an NEC3 or NEC4 contract has already been awarded, the Scope (or equivalent) may need to be changed to add in any of these provisions that are not already covered by the contract. Such a change would be a compensation event.

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