Common use of Customer Audits Clause in Contracts

Customer Audits. AWS engages external auditors to verify the adequacy of its security measures, including the security of the physical data centers from which AWS provides its services. This audit will result in the generation of an audit report (“Report”). SAP will make the Report available to Customer or Customer’s supervisory data protection authority upon Customer’s request. Customer agrees, that (i) each Report is considered confidential information and therefore subject to the confidentiality provisions of the Agreement and (ii) notwithstanding any contrary terms in the Agreement, Customer hereby expressly acknowledges and agrees that AWS shall be deemed a third party beneficiary of, and shall be entitled to directly enforce against Customer, such confidentiality provisions of the Agreement in the event of a breach by the Customer. For the avoidance of doubt, such rights shall be limited to the confidentiality of Reports only. In case Customer has to disclose a confidential Report to a supervisory data protection authority Customer will inform the authority in writing that the Report is AWS’ confidential information.