Common use of Agreements with Sub-processors Clause in Contracts

Agreements with Sub-processors. Data Processor or a Data Processor’s Affiliate has entered into, or shall enter into by May 25, 2018, a written agreement with each Sub-processor containing appropriate safe guards to the protection of Personal Data. Where Data Processor engages a new Sub-processor for carrying out specific Processing activities on behalf of the Customer, the same or similar data protection obligations as set out in this DPA shall be imposed on such new Sub-processor by way of a contract, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR. Where the new Sub-processor fails to fulfil its data protection obligations, Data Processor shall remain fully liable to the Customer for the performance of the new Sub-processor's obligations. In accordance with Articles 28.7 and 28.8 of the GDPR, if and when the European Commission lays down the standard contractual clauses referred to in such Articles, the Parties may revise this DPA in good faith to adjust it to such standard contractual clauses.

Appears in 3 contracts

Samples: Processing Agreement, Processing Agreement, Processing Agreement

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Agreements with Sub-processors. Data Processor or a Data Processor’s Affiliate has entered into, or shall enter into by May 25, 2018, a written agreement with each Sub-Sub- processor containing appropriate safe guards to the protection of Personal Data. Where Data Processor engages a new Sub-processor for carrying out specific Processing activities on behalf of the Customer, the same or similar data protection obligations as set out in this DPA shall be imposed on such new Sub-processor by way of a contract, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR. Where the new Sub-processor fails to fulfil fulfill its data protection obligations, Data Processor shall remain fully liable to the Customer for the performance of the new Sub-processor's obligations. In accordance with Articles 28.7 and 28.8 of the GDPR, if and when the European Commission lays down the standard contractual clauses referred to in such Articles, the Parties may revise this DPA in good faith to adjust it to such standard contractual clauses.

Appears in 1 contract

Samples: Data Processing Agreement/Addendum

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