Common use of DATA CONTROLLER’S OBLIGATIONS Clause in Contracts

DATA CONTROLLER’S OBLIGATIONS. 4.1 In utilising the Software, the Data Controller undertakes to comply with the obligations imposed under the Data Protection Legislation and other mandatory legislation as well as good data processing practice in the Processing of Personal Data. 4.2 The Data Controller shall be obligated to provide the Data Processor with comprehensive and lawful instructions concerning the Processing in documented form. Any instructions in deviation from the Supply Agreement must always be separately agreed upon between the Parties in writing, and the Data Processor may separately invoice the Data Controller for the carrying out of same. 4.3 The Data Controller shall be responsible for ensuring that all data subjects whose Personal Data is being Processed with the aid of the Software, have been provided with the information required under the Data Protection Legislation and that the Processing of Personal Data, including any transfer of Personal Data to the Data Processor, as required by the use of the Software, is lawful for the entire duration of the validity of the Supply Agreement and this DPA. 4.4 Prior to the conclusion of the Supply Agreement and this DPA, the Data Controller shall be obligated to ensure that the Processing of Personal Data under this DPA meets the requirements imposed upon the Data Controller in relation to the Processing of Personal Data, including the data security requirements.