Subcontracting relationships. (1) If and to the extent that the Contractor wishes to use subcontractors to provide the contractually agreed services and if it cannot be ruled out that these subcontractors have the possibility of obtaining knowledge of the Client's data in the course of their activities, the Contractor may only and only then commission the subcontractor and enable it to obtain knowledge of the Client's data if it has informed the Client specifically and in detail in text form about the points in item 6.2, has given the Client the opportunity to object (see item 7.3) and the Client has not raised an objection within the objection period. Subcontractors who are already in a subcontracting relationship with ▇▇▇▇▇▇ at the time the contract is concluded are listed in Annex 2. (2) The information of the Contractor according to item 7.1 must contain at least in concrete and detailed form: a. the identity of the subcontractor, b. The specific services to be provided by the subcontractor to the contractor; and c. Subcontractor's warranties or representations that it will comply with the provisions of this Order accordingly. (3) The Customer shall be entitled to object to the assignment of a subcontractor in text form within 14 days after receipt of the information pursuant to Section 7.2, provided that this is not done arbitrarily. (4) If and to the extent that data of the Customer becomes accessible to the subcontractor, the Contractor shall be obliged to agree in writing with the subcontractor, prior to the first making accessible of data of the Contractor, on a contract processing agreement imposing corresponding obligations on the subcontractor as regulated in this Agreement. Upon request of the Customer, the Contractor shall provide a copy of the order processing agreement and evidence of the Subcontractor's compliance with the obligations resulting therefrom. The Contractor shall ensure by agreement with its subcontractor that it is entitled to disclose this information to the Customer and that the Customer may also exercise its control rights pursuant to 7. directly against the subcontractor. (5) Notwithstanding the provisions of Clauses 7.1-7.5, the Contractor shall be fully responsible for the Subcontractor and shall be liable for the Subcontractor's compliance with its obligations towards the Client. (6) Not to be understood as a subcontracting relationship within the meaning of this provision are those services which the Contractor uses from third parties as an ancillary service to support the execution of the order. These include, for example, telecommunications services, provision of data center infrastructure, maintenance and user service, cleaners, auditors or the disposal of data carriers. However, the Contractor shall be obligated to enter into appropriate and legally compliant contractual agreements and to take control measures to ensure the protection and security of the Customer's data, even in the case of externally contracted ancillary services.
Appears in 2 contracts
Sources: Data Processing Agreement, Contract for the Commissioned Processing of Personal Data
Subcontracting relationships. (1) If and to the extent that the Contractor wishes to use subcontractors to provide the contractually agreed services and if it cannot be ruled out that these subcontractors have the possibility of obtaining ob- taining knowledge of the Client's data in the course of their activities, the Contractor may only and only then commission the subcontractor and enable it to obtain knowledge of the Client's data if it has informed the Client specifically and in detail in text form about the points in item 6.2, has given the Client the opportunity to object (see item 7.3) and the Client has not raised an objection within the objection period. Subcontractors who are already in a subcontracting relationship with ▇▇▇▇▇▇ Seatti at the time the contract is concluded are listed in Annex 2.
(2) The information of the Contractor according to item 7.1 must contain at least in concrete and detailed form:
a. the identity of the subcontractor,
b. The specific services to be provided by the subcontractor to the contractor; and
c. Subcontractor's warranties or representations that it will comply with the provisions of this Order accordingly.
(3) The Customer shall be entitled to object to the assignment of a subcontractor in text form within 14 days after receipt of the information pursuant to Section 7.2, provided that this is not done arbitrarily.
(4) If and to the extent that data of the Customer becomes accessible to the subcontractor, the Contractor Con- tractor shall be obliged to agree in writing with the subcontractor, prior to the first making accessible acces- sible of data of the Contractor, on a contract processing agreement imposing corresponding obligations obli- gations on the subcontractor as regulated in this Agreement. Upon request of the Customer, the Contractor shall provide a copy of the order processing agreement and evidence of the SubcontractorSubcon- tractor's compliance with the obligations resulting therefrom. The Contractor shall ensure by agreement with its subcontractor that it is entitled to disclose this information to the Customer and that the Customer may also exercise its control rights pursuant to 7. directly against the subcontractorsub- contractor.
(5) Notwithstanding the provisions of Clauses 7.1-7.5, the Contractor shall be fully responsible for the Subcontractor and shall be liable for the Subcontractor's compliance with its obligations towards the Client.
(6) Not to be understood as a subcontracting relationship within the meaning of this provision are those services which the Contractor uses from third parties as an ancillary service to support the execution of the order. These include, for example, telecommunications services, provision of data center infrastructure, maintenance and user service, cleaners, auditors or the disposal of data carrierscar- riers. However, the Contractor shall be obligated to enter into appropriate and legally compliant contractual agreements and to take control measures to ensure the protection and security of the Customer's data, even in the case of externally contracted ancillary services.
Appears in 1 contract
Sources: Data Processing Agreement
Subcontracting relationships. 9.1 The Contractor may establish subcontracting relationships (1subcontractors) If and in regard to the extent that processing or use of Client Data. At present, the Contractor wishes to use subcontractors to provide the contractually agreed services specified in Appendix 3 with name, address and if it cannot be ruled out that these subcontractors have the possibility of obtaining knowledge content of the Client's data in order are working for the course of Contractor. The Client declares that it consents to their activities, the employment. The Contractor may only and only then commission the subcontractor and enable it to obtain knowledge of the Client's data if it has informed must always inform the Client specifically and of any intended changes in detail in text form about relation to the points in item 6.2, has given involvement or replacement of subcontractors. If the Client the opportunity to object (see item 7.3) and the Client has does not raised an objection within the objection period. Subcontractors who are already in a subcontracting relationship with ▇▇▇▇▇▇ at the time the contract is concluded are listed in Annex 2.
(2) The information of the Contractor according to item 7.1 must contain at least in concrete and detailed form:
a. the identity of the subcontractor,
b. The specific services to be provided by the subcontractor to the contractor; and
c. Subcontractor's warranties or representations that it will comply with the provisions of this Order accordingly.
(3) The Customer shall be entitled to object to the assignment new subcontractors within two weeks of a subcontractor in text form within 14 days after receipt of the information pursuant to Section 7.2, provided that this is not done arbitrarily.
(4) If and to notice concerning the extent that data of the Customer becomes accessible to the new subcontractor, the Contractor shall this new subcontractor's involvement will be obliged deemed to agree in writing with the subcontractor, prior to the first making accessible of data of the Contractor, on a contract processing agreement imposing corresponding obligations on the subcontractor as regulated in this Agreement. Upon request of the Customer, the Contractor shall provide a copy of the order processing agreement and evidence of the Subcontractor's compliance with the obligations resulting therefrom. The Contractor shall ensure have been approved by agreement with its subcontractor that it is entitled to disclose this information to the Customer and that the Customer may also exercise its control rights pursuant to 7. directly against the subcontractor.
(5) Notwithstanding the provisions of Clauses 7.1-7.5, the Contractor shall be fully responsible for the Subcontractor and shall be liable for the Subcontractor's compliance with its obligations towards the Client.
(6) Not to be understood as a subcontracting relationship within the meaning of this provision are those services which 9.2 Services by third parties that the Contractor uses from third parties utilises as an ancillary service to support the execution of the orderorder are not deemed to constitute subcontracting relationships within the meaning of this provision. These include, for example, telecommunications services, provision of data center infrastructure, maintenance and user service, cleanerscleaning staff, auditors or the disposal of data carriers. HoweverThe Contractor is, the Contractor shall be obligated however, obliged to enter into also conclude appropriate and legally compliant contractual agreements in accordance with the law and to take control implement monitoring measures for ancillary services provided by third parties in order to ensure the protection and security of Client Data.
9.3 The subcontractor's obligation must be effected in writing, which may also be in an electronic format (e.g. email). The Contractor must choose its subcontractors carefully and verify before they are commissioned that they are able to fulfil the Customeragreements that the Client and the Contractor have entered into. The Contractor must for every subcontract ensure that the conditions specified in Art. 28 (2) and (4) GDPR are complied with.
9.4 The Contractor must ensure that the provisions agreed in this contract and any supplementary instructions by the Client also apply to the subcontractor. It must in principle be possible for the Client to exercise its monitoring rights as set out in Clause 8 towards the subcontractor. The Client will on written request be entitled to obtain from the Contractor information about the content of the contract essentially relating to data protection and the implementation of the subcontractor's dataobligations relevant to data protection, even if necessary, also through inspection of the relevant contract documents.
9.5 The provisions of this Clause 9 will also apply if a subcontractor that is based in a third country is employed. The Contractor must in such cases ensure the case admissibility under data protection law by means of externally contracted ancillary servicessuitable legal instruments, e.g. standard EU contract clauses.
9.6 Client Data may only be transferred to the subcontractor and the subcontractor may only become active for the first time if all the subcontracting requirements have been met.
Appears in 1 contract
Sources: Data Processing Agreement
Subcontracting relationships. (1) If and to the extent that the Contractor wishes to use subcontractors to provide the contractually agreed services and if it cannot be ruled out that these subcontractors have the possibility of obtaining ob- taining knowledge of the Client's data in the course of their activities, the Contractor may only and only then commission the subcontractor and enable it to obtain knowledge of the Client's data if it has informed the Client specifically and in detail in text form about the points in item 6.2, has given the Client the opportunity to object (see item 7.3) and the Client has not raised an objection within the objection period. Subcontractors who are already in a subcontracting relationship with ▇▇▇▇▇▇ at the time the contract is concluded are listed in Annex 2.
(2) The information of the Contractor according to item 7.1 must contain at least in concrete and detailed form:
a. the identity of the subcontractor,
b. The specific services to be provided by the subcontractor to the contractor; and
c. Subcontractor's warranties or representations that it will comply with the provisions of this Order accordingly.
(3) The Customer shall be entitled to object to the assignment of a subcontractor in text form within 14 days after receipt of the information pursuant to Section 7.2, provided that this is not done arbitrarily.
(4) If and to the extent that data of the Customer becomes accessible to the subcontractor, the Contractor Con- tractor shall be obliged to agree in writing with the subcontractor, prior to the first making accessible acces- sible of data of the Contractor, on a contract processing agreement imposing corresponding obligations obli- gations on the subcontractor as regulated in this Agreement. Upon request of the Customer, the Contractor shall provide a copy of the order processing agreement and evidence of the SubcontractorSubcon- tractor's compliance with the obligations resulting therefrom. The Contractor shall ensure by agreement with its subcontractor that it is entitled to disclose this information to the Customer and that the Customer may also exercise its control rights pursuant to 7. directly against the subcontractorsub- contractor.
(5) Notwithstanding the provisions of Clauses 7.1-7.5, the Contractor shall be fully responsible for the Subcontractor and shall be liable for the Subcontractor's compliance with its obligations towards the Client.
(6) Not to be understood as a subcontracting relationship within the meaning of this provision are those services which the Contractor uses from third parties as an ancillary service to support the execution of the order. These include, for example, telecommunications services, provision of data center infrastructure, maintenance and user service, cleaners, auditors or the disposal of data carrierscar- riers. However, the Contractor shall be obligated to enter into appropriate and legally compliant contractual agreements and to take control measures to ensure the protection and security of the Customer's data, even in the case of externally contracted ancillary services.
Appears in 1 contract
Sources: Data Processing Agreement