Art. 2 Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Malta inzake de wederzijdse beveiliging en uitwisseling van gerubriceerde gegevens

For the purposes of this Agreement: “Breach of Security” means an omission, or act, contrary to the national laws and regulations and/or this Agreement, the result of which leads, or may lead, to disclosure, loss, destruction, misappropriation or any type of compromise of Classified Information; “Classified Contract” means any legally enforceable agreement to provide goods or services to be entered into by one of the Parties or a Contractor under its jurisdiction with a Contractor under the jurisdiction of the other Party, which contains Classified Information or the performance of which requires access or potential access to the generation, use or transfer of Classified Information; “Classified Information” means any information, document or material, irrespective of its form or nature, generated by or exchanged between the Parties, requiring protection against unauthorised disclosure, loss, destruction, misappropriation or any type of compromise and having been classified by one of the Parties; “Competent Security Authority” means the government authority in a Party responsible for the implementation and supervision of this Agreement. The Competent Security Authority may delegate part of its responsibilities to a delegated competent security authority; “Contractor” means any individual (other than those engaged by a Party under a contract or employment), legal entity or other forms of organisation under the jurisdiction of a Party, entering into or bound by a Classified Contract; “Facility Security Clearance” means the determination by the Competent Security Authority confirming, that the facility has in place the appropriate security measures to use and store Classified Information in accordance with its national laws and regulations; “Host Party” means the Party to whose territory a visit takes place; “Need-to-know” means the necessity to have access to Classified Information in the scope of a given official position and/or for the performance of a specific task; “Originating Party” means the Party under whose authority Classified Information has been created; “Personnel Security Clearance” means the determination by the Competent Security Authority confirming, in accordance with national laws and regulations, as to whether an individual is eligible to have access to Classified Information and up to which security classification level such individual shall be eligible to have access to; “Receiving Party” means the Party, including any entity under its jurisdiction, to which Classified Information of the Originating Party is transmitted; “Sub-contractor” means a Contractor to whom a prime Contractor grants a sub-contract; “Third Party” means any international organisation, government or State, including individuals, legal entities or other forms of organisation under its jurisdiction, which is not a Party to this Agreement.

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