Common use of Data Processor and Data Controller Clause in Contracts

Data Processor and Data Controller. 3.1 The parties agree that, in relation to the Protected Data, the Customer is the Data Controller and Workbooks is the Data Processor. 3.2 Workbooks shall process Protected Data in compliance with: 3.2.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under this Addendum and the Agreement; and 3.2.2 the terms of this Addendum. 3.3 The Customer shall comply with: 3.3.1 all Data Protection Laws in connection with the processing of Protected Data and the exercise and performance of its respective rights and obligations under this Addendum and the Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and 3.3.2 the terms of this Addendum. 3.4 The Customer warrants that: 3.4.1 all Protected Data shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Customer providing all of the required fair processing information to, and obtaining all necessary consents from, relevant Data Subjects), with Data Protection Laws; 3.4.2 all instructions given by it to Workbooks in respect of Personal Data shall at all times be in accordance with Data Protection Laws; and 3.4.3 it has complied with its obligations as a Data Controller. 3.5 The Customer shall not withhold, delay or condition its agreement to any change requested by Workbooks to the Services in order to ensure the Services and Workbooks (and each Sub-Processor) can comply with Data Protection Laws.