Common use of Inspection by the Client Clause in Contracts

Inspection by the Client. 12.1 The Client, or an appropriate representative, has the right to check the compliance with all instructions and provisions of this contract and the data protection provisions, provided they are applicable to the contractual data processing, by inspections of the Contractor, including regular reviews, during normal business hours, free of charge. The Contractor undertakes to tolerate corresponding reviews and to support the Client in performing its inspections in accordance with para. (3). 12.2 The Contractor confirms compliance with the security measures described in Appendix 4 by submitting a current certificate of an independent authority (e.g. IT security officer, data protection officer, data protection auditor) according to the sample Appendix 5. This confirmation does not restrict right of inspection according to para. 1. 12.3 The Contractor shall provide the Client with all necessary information for the proof of compliance with the obligations of the Order Processing Agreement and for the fulfilment of existing data protection obligations, including accountability. The Contractor grants the Client all rights of access, information and inspection required for the implementation of the inspection by the Contractor. The Contractor agrees, in particular, to grant the Client access to the data processing facilities and other documents in order to enable the inspection and review of the relevant data processing facilities and other documentation that are related to the collection or use of Client data. In this case, the Client shall appropriately take into consideration the operational procedures and legitimate non-disclosure interests of the Contractor. 12.4 A protocol must be prepared about the inspection and its results. 12.5 In accordance with the applicable data protection regulations, the Client and the Contractor are subject to public inspections by the competent Supervisory Authority. At the request of the Client, the Contractor shall support the Client in the framework of regulatory supervisory procedures to the best of its abilities, if and to the extent that the contractual processing of Client data is the subject matter of the supervisory procedure.