Contracting With Sub Operators Clause Samples
The 'Contracting with Sub-Operators' clause defines the conditions under which a party to the agreement may engage third-party sub-operators to perform some or all of its contractual obligations. Typically, this clause outlines any required approvals, standards the sub-operators must meet, and the original party’s ongoing responsibility for the sub-operator’s actions. By establishing clear rules for subcontracting, the clause ensures accountability and quality control, while also providing flexibility for the contracting party to delegate work as needed.
Contracting With Sub Operators. 8.1. A sub-operator means a person who has been mandated by the Operator to Process Personal Information in terms of this DPA, with the Responsible Party’s prior approval.
8.2. The Operator will not subcontract any of its activities consisting of the Processing of the Personal Information or requiring Personal Information to be Processed by any third party without the prior written authorisation of the Responsible Party.
8.3. Notwithstanding any authorisation by the Responsible Party, the Operator will remain fully liable to the Responsible Party for the performance of any such sub-operator that fails to fulfil its information protection obligations.
8.4. The Operator will ensure that the sub-operator concludes a Sub-Operator Agreement with it and the Responsible Party in terms of which the sub-operator is bound by data protection obligations compatible with those set out in this DPA including reasonable technical and organizational measures which meet the requirements of the POPIA.
Contracting With Sub Operators. 9.1. The Operator shall not subcontract any of its service-related activities consisting of (partly) of the processing of the personal information or requiring personal information to be processed by any third party without the prior written authorisation of the Responsible Party.
9.2. The Responsible Party authorises the Operator to engage the sub-Operators listed in Annexure 4 for the service-related personal information processing activities described in Annexure 2. Operators shall inform the Responsible Party of any addition or replacement of such sub-Operators giving the Responsible Party an opportunity to object to such changes. If the Responsible Party timely sends the Operator a written objection notice, setting forth a reasonable basis for objection, the Parties will make a good-faith effort to resolve the Responsible Party’s objection. In the absence of a resolution, the Operators will make commercially reasonable efforts to provide Responsible Party with the same level of service described in any prior agreement, without using the sub-Operator to process personal information. If the Operator’s efforts are not successful within a reasonable time, each party may terminate the portion of the service which cannot be provided without the sub-Operator, and the Operator will be entitled to a pro-rated refund of the applicable service fees.
9.3. Notwithstanding any authorisation by the Responsible Party within the meaning of the preceding paragraph, the Operator shall remain fully liable vis-à-vis the Responsible Party for the performance of any such sub-Operator that fails to fulfil its information protection obligations.
9.4. The Operator shall ensure that the sub-Operator is bound by data protection obligations compatible with those of the information processed in terms of this Data Processing Agreement, shall supervise compliance thereof, and must in particular impose on its sub-Operators the obligation to implement appropriate, reasonable technical and organizational measures in such a manner that the processing will meet the requirements of the POPIA.
Contracting With Sub Operators. 10.1. The Operator shall not subcontract any of its service-related activities consisting (partly) of the processing of the personal information or requiring personal information to be processed by any third party without the prior written authorisation of the Responsible Party.
10.2. Notwithstanding any authorisation by the Responsible Party within the meaning of the preceding paragraph, the Operator shall remain fully liable vis-à-vis the Responsible Party for the performance of any such sub- Operator that fails to fulfil its information protection obligations.
10.3. The Operator shall ensure that the sub-Operator is bound by data protection obligations compatible with those of the information processed in terms of this Agreement, shall supervise compliance thereof, and must in particular impose on its sub-Operators the obligation to implement appropriate, reasonable technical and organizational measures in such a manner that the processing will meet the requirements of the POPI.
Contracting With Sub Operators