Evidence and Audits. 11.1. Service Provider shall provide Customer, at the latter’s request, with all information required and available to Service Provider to prove compliance with its obligations under this DPA.
11.2. Customer shall be entitled to audit Service Provider with regard to compliance with the provisions of this DPA, in particular the implementation of the technical and organizational measures, including inspections on Customer behalf by a certified independent third-party professional.
11.3. In order to carry out inspections in accordance with section 11.2 of this DPA, the Customer is entitled to access the business premises of Service Provider in which Customer Personal Data is processed within the usual business hours (Mondays to Fridays from 10 a.m. to 4 p.m. local time) after timely advance notification in accordance with section 11.5 of this DPA at its own expense, without disruption of the course of business and under strict secrecy by means of written commitment of Service Provider’s business and trade secrets.
11.4. Service Provider is entitled, at its own discretion and taking into account the legal obligations of Customer, not to disclose information which is sensitive with regard to Service Provider’s business or if Service Provider would be in breach of statutory or other contractual provisions as a result of its disclosure. Customer is not entitled to get access to data or information about Service Provider’s other customers, cost information, quality control and contract management reports, or any other confidential data of Service Provider that is not directly relevant for the agreed audit purposes.
11.5. Customer shall inform Service Provider in good time (usually at least thirty (30) calendar days in advance) of all circumstances in relation to the performance of the audit. Customer may carry out only one audit per calendar year against reimbursement of the costs.
11.6. If Customer commissions a third party to carry out the audit, Customer shall obligate the third party in writing the same way, as Customer is obliged vis-à-vis Service Provider according to this section 11 of this DPA. In addition, Customer shall obligate in writing the third party to maintain secrecy and confidentiality, unless the third party is subject to a professional obligation of secrecy. At the request of Service Provider, Customer shall immediately submit to Service Provider the commitment agreements with the third party. Customer may not commission any of Service Provide...
Evidence and Audits. 11.1 The Processor shall provide the Customer, at the Customer’s request, with all information required and available to the Processor to prove compliance with its obligations under this Agreement.
11.2 The Customer shall be entitled to audit (including inspections) the Processor with regard to compliance with the provisions of this Agreement, in particular the implementation of the technical and organisational measures.
11.3 In order to carry out inspections in accordance with Sec. 11.2., the Customer is entitled to access the business premises of the Processor in which Customer Data is processed within the usual business hours (Mondays to Fridays from 10 am to 6 pm) after timely advance notification in accordance with Sec. 11.5 at its own expense, without disruption of the course of business and under strict secrecy of the Processor’s business and trade secrets.
11.4 The Processor is entitled, at its own discretion and taking into account the Customer’s legal obligations, not to disclose information which is sensitive with regard to the Processor’s business or if the Processor would be in breach of statutory or other contractual provisions as a result of its disclosure. The Customer is not entitled to get access to data or information about the Processor’s other customers, cost information, quality control and contract management reports, or any other confidential data of the Processor that is not directly relevant for the agreed audit purposes.
11.5 The Customer shall inform the Processor in good time (usually at least two weeks in advance) of all circumstances in relation to the performance of the audit. The Customer may carry out not more than one audit per calendar year.
11.6 If the Customer commissions a third party to carry out the audit, the Customer shall obligate the third party in writing in the same way as the Customer is obliged vis-à-vis the Processor according to this Sec. 11. In addition, the Customer shall by way of written agreement obligate the third party to maintain secrecy and confidentiality unless the third party is subject to a professional obligation of secrecy. At the request of the Processor, the Customer shall immediately submit to the Processor the commitment and confidentiality agreements with the third party. The Customer may not commission any of the Processor’s competitors to carry out the audit.
11.7 At the discretion of the Processor, proof of compliance with the obligations under this Agreement may be provided, instead...
Evidence and Audits. 11.1. The Processor shall provide the Controller, at the latter´s request, with all information required and available to the Processor to prove compliance with his obligations under this DPA.
11.2. The Controller shall be entitled to audit the Processor with regard to compliance with the provisions of this DPA, in particular the implementation of the technical and organizational measures; including by means of on-site inspections.
11.3. In order to carry out inspections in accordance with Section 11.2., the Controller is entitled to access the business premises of the Processor in which Customer Data is processed within the usual business hours (Mondays to Fridays from 10 a.m. to 6 p.m. local time) after timely advance notification in accordance with Section 11.5 at his own expense, without disruption of the course of business and under strict secrecy of the Processor´s business and trade secrets.
11.4. The Processor is entitled, at his own discretion and taking into account the legal obligations of the Controller, not to disclose information which is sensitive with regard to the Processor´s business or if the Processor would be in breach of statutory or other contractual provisions as a result of its disclosure. The Controller is not entitled to get access to data or information about the Processor´s other customers, cost information, quality control and contract management reports, or any other confident ial data of the Processor that is not directly relevant for the agreed audit purposes.
11.5. If reasonable, the Controller shall inform the Processor in good time (usually at least two weeks in advance) of all circumstances in relation to the performance of the audit. The Controller may carry out one audit per calendar year. Further audits are carried out against reimbursement of the costs and after consultation with the Processor, unless the audit has been expressly instructed by the competent supervisory authority or if the audit is required due to a data breach.
11.6. If the Controller commissions a third party to carry out the audit, the Controller shall obligate the third party in writing the same way as the Controller is obliged vis-à-vis the Processor according to this Section 11 of this DPA. In addition, the Controller shall obligate the third party to maintain secrecy and confidentiality, unless the third party is subject to a professional obligation of secrecy. At the request of the Processor, the Controller shall immediately submit to him the...
Evidence and Audits. On request, akirolabs will provide the Customer with all relevant information needed to docu- ment compliance with the obligations established under the GDPR/FADP and this DPA. For auditing purposes, the Customer or an auditor appointed by the Customer may verify com- pliance with the obligations established under this DPA, especially the compliance with the agreed technical and organisational measures, on akirolabs’s business premises during usual business hours without interrupting the course of business. The principle of proportionality must be observed during such an audit and akirolabs’s legitimate interests (especially relating to con- fidentiality) must be appropriately safeguarded. The audit must be announced at least 2 weeks in advance. akirolabs is under no obligation to tolerate or cooperate with the audit if it is carried out without such advance notice, unless the Customer proves good cause for not complying with the obligation to provide advance notice or the obligation to comply with the lead time. The Cus- tomer will bear all costs of such audits. Any compulsory statutory auditing rights of the Customer or the Customer’s supervisory author- ities are unaffected. If the presentation of evidence or reports or the performance of an audit shows that xxxxxxxxx has failed to comply with obligations under this DPA or to the required standard, akirolabs must take suitable measures to remedy the defects without delay and at own cost.
Evidence and Audits a. The Processor shall ensure and regularly monitor that the processing of Controller Data is consistent with this Addendum, including the extent of the processing of Controller Data as specified in Annex 1 and with the instructions of the Controller.
b. The Controller is entitled to appropriate auditing of the Processor by himself or through a commissioned auditor with regard to compliance with the provisions of this Addendum, in particular the implementation of the technical and organizational measures as defined in Annex 2 prior to the start of the processing of Controller Data and regularly during the term of the Main Agreement. The Processor shall enable such audits and contribute to such audits by taking all appropriate and reasonable measures, including: • the granting of the necessary access and access rights, and • the provision of all necessary information.
c. The Controller shall ensure that the inspection measures are taken only to a reasonable extend and do not affect the operation of the Processor more than necessary.
