Obligations of the Controller. 5.1 The Controller undertakes to ensure that there is a legal basis for the Processing at all times, and to issue correct instructions so that the Processor and any Subprocessors can carry out their duties in accordance with this Agreement and the Main Agreement, where applicable.
5.2 The Controller undertakes to inform the Processor without undue delay of any changes in the Processing that may affect the Processor’s obligations pursuant to the Data Protection Legislation.
5.3 The Controller is responsible for informing Data Subjects of the Processing and to safeguard the rights of Data Subjects in accordance with the Data Protection Legislation, as well as to take every other measure required of the Controller pursuant to the Data Protection Legislation.
Obligations of the Controller. The Controller shall ensure that the Processing of Personal Data, which the Processor is instructed to perform, has a legal basis. The Controller undertakes to provide the Processor with correct instructions regarding the subject, purpose, the extent, nature and duration of the Processing of Personal Data, the type of Personal Data and categories of data subjects enabling the Processor to carry out its duties in accordance with this DPA and Data Protection Regulations. The Controller is entitled to adjust Appendix 1 and provide modified or additional Instructions to the Processor.
Obligations of the Controller. (1) The Controller shall ensure compliance with the statutory provisions of the applicable data protection laws, in particular the lawfulness of the Processing of Personal Data by the Processor on behalf of the Controller.
(2) The Controller shall inform the Processor immediately, but no later than within forty-eight (48) hours, in case the Controller detects any errors or irregularities of the Processing operations which affect the compliance with the applicable data protection laws.
Obligations of the Controller. 4.1. The Controller undertakes to:
4.1.1. Ensure that the collection and further processing of all Processed Data is done in a lawful manner;
4.1.2. Provide clear and timely written instructions to the Processor regarding the Processed Data;
4.1.3. Assist and cooperate, within a reasonable manner, with the Processor whenever required under the processing of the Processed Data, namely if it suspects of any data breach that could undermine the availability, integrity, privacy and/or security of the Processed Data;
4.1.4. Inform the Processor of any restriction required to the processing of any Processed Data, regardless if required by a Data Subject or instructed by a relevant data protection supervisory authority;
4.1.5. Keep the Processor up to date about the Processed Data or any other relevant information for its processing by the Processor or by its Sub-processors, namely about any notification or request for information from a relevant data supervisory authority.
Obligations of the Controller. The Controller confirms that it:
i) has sufficient legal basis for processing of the personal data;
ii) has the right to use the Processor for processing of the personal data;
iii) has the responsibility for the correctness, integrity, content, reliability and legality of the personal data;
iv) shall implement sufficient technical and organizational measures to ensure and demonstrate compliance with applicable data protection legislation;
v) as Controller of the processing is the party responsible to notify applicable regulatory authorities and/or data subjects in case of personal data breach, pursuant to applicable data protection regulation;
vi) has informed the data subject in accordance with applicable law
Obligations of the Controller. 4.1. The Controller hereby warrants and agrees that it shall:
4.1.1. ensure that it complies at all times with the obligations of a Controller under the Applicable Privacy Law; and
4.1.2. acknowledge that the Processor is reliant on the Controller for instruction as to the extent to which the Processor is entitled to use and process the Personal Data, provide clear written instructions in a timely manner to Processor and in particular shall not instruct the Processor to carry out or refrain from carrying out any act that would reasonably require the Processor to breach Applicable Privacy Law.
Obligations of the Controller. 4.2.1. The Controller is obliged to comply with the provisions of the Applicable Data Protection Legislation with regard to the Processing of Personal data.
4.2.2. The Controller is solely responsible for the accuracy, integrity, content, reliability and legality of the Personal data provided to the Processor by the Controller.
4.2.3. The Controller shall not transmit any sensitive Personal data, such as information on ethnic origin, health, sexual orientation, political opinions, religious beliefs and others.
Obligations of the Controller. (1) The Controller must inform the Processor immediately and in full should it be discovered that the order results errors or irregularities regarding data protection regulations.
(2) The Controller is responsible for fulfilling the obligations pertaining solely to the Controller in particular order to ensure compliance with the Data Protection Laws.
(3) The Controller shall provide all required and relevant instructions to the Processor in a timely, sufficiently, clear and detailed matter in either written or electronic form.
(4) The Controller shall confirm in writing any verbal instructions given to the Processor as soon is reasonably possible after such instructions are originally given.
(5) In case of a claim of the Processor by an affected person in regards to any claims under Art. 82 GDPR, § 3 (11) shall apply mutatis mutandis.
(6) The Controller shall provide the Processor contact information of a person responsible for data protection issues arising in the context of the contract.
Obligations of the Controller. 2.1. The Controller is a Data Controller of Personal Data under the GDPR and PIPEDA.
2.2. The Controller is with respect to Personal Data and its statutory duties as Data Controller and the transfer of Personal Data responsible for compliance with all applicable data protection legislation.
2.3. The Controller agrees to ensure that any natural person acting on behalf of the Controller and has access to Personal Data, processes Personal Data only in accordance within the written instructions of the Controller.
2.4. The Controller accepts and agrees that some instructions to the Processor, including destruction or return of data, assisting with audits, inspections or DPIAs by the Processor, can result in additional fees. In such circumstances, the Processor is to notify the Controller of its fees in advance.
2.5. The Controller accepts and agrees that the in this DPA mentioned technical and organisational measures are subject to development and review can result in additional fees. In such circumstances, the Processor is to notify the Controller of its fees in advance.
Obligations of the Controller. 5.1 The Controller will be solely responsible and liable for its compliance with applicable law as Controller. The Controller will ensure before using the software and receive services under the Contract in a way that includes Processing of Personal Data that it complies with all Data Protection Law, e.g. in relation to the provision of required information/notification to and/or approvals from Data Subjects and/or regulatory authorities related to the Processing.
5.2 The Controller will promptly notify the Processor if it becomes aware that Processing of the Controller’s Personal Data may be contrary to Data Protection Law.
5.3 The Controller warrants that the Processor’s strict compliance with any instruction from the Controller with respect to the Processing of Personal Data, shall not result in a violation of applicable Data Protection Law.
5.4 The Controller will indemnify the Processor from any loss resulting from the Controller’s failure to comply with its obligations hereunder.
