Common use of Obligations of the Processor Clause in Contracts

Obligations of the Processor. (1) The Processor confirms that he is aware of the relevant data protection regulations. The Processor’s internal operating procedures shall comply with the specific requirements of an effective data protec- tion management. (2) The Processor warrants and undertakes that all employees involved in the data processing proce- dures are familiar with the relevant data protection regulations. The Processor assures that those employees are bound to maintain confidentiality, and are subject to an adequate legal obligation of secrecy. The Processor shall monitor compliance with the applicable data protection regulations. (3) The Processor may only access the Controller’s personal data if it is necessary for the purposes of carrying out the data processing. (4) The Processor has appointed a Data Protection Officer. The Processor’s Data Protection Officer’s contact details are to be shared with the Controller for the purposes of making direct contact. (5) The Processor supports the Controller to ensure that the Controller can fulfill his obligations to re- spond to requests for exercising the data subject's rights, e.g. the right of information of the data subject, the rectification and erasure of data, the restriction of processing, data portability and the right to object. The Processor will nominate a contact person who will support the Controller in the fulfillment of legal obligations to grant information in connect with the data processing, and will share this person’s contact details with the Controller. Insofar as adjustments of IT systems, other changes or services are required within the scope of this support, which go beyond the scope owed by the contracts of the parties, the parties shall agree on the implementation and their commercial frame- work conditions. Information may only be given to data subjects or to third parties with the prior instruction of the Controller. If a data subject exercises their data protection law rights upon the Pro- cessor, the Processor shall forward this request to the Controller.