PERSONAL DATA / DATA PROTECTION. 8.1 This Clause only applies to the extent that the Processing of Personal Data by Leaseweb for or on behalf of the Customer falls within the scope of the GDPR. 8.2 In the performance of Leaseweb’s obligations under the Agreement, Leaseweb and its Affiliates shall Process Personal Data for or on behalf of the Customer. Leaseweb does not control and never acts as Data Controller of any (personal) data and content of Customer transmitted over the Network. Parties acknowledge and agree that with regard to the Processing of Personal Data on the Customer’s behalf, the Customer is the Data Controller, and Leaseweb is the Data Processor. Parties agree to apply the EC standard contractual clauses that apply to a non EU or EEA Processor, and agree upon the conditions as set forth in this Clause 8 – to the extent that these conditions do not deviate from the EC standard contractual clauses. Such to comply with the applicable data protection legislation, in particular the GDPR. 8.3 Leaseweb shall only Process Personal Data if and to the extent such Processing is required in the performance of the Agreement by Leaseweb, and only in accordance with the instructions of the Customer and under conditions as set out by the Customer. The exception thereto is if Leaseweb is under a legal obligation to Process the Personal Data. Leaseweb shall inform the Customer of such legal obligation unless it is prohibited by law or reasons of important public interest from doing so. 8.4 Leaseweb ensures that the persons authorized by Leaseweb and/or its Affiliates to Process the Personal Data shall have access to the Personal Data as is required and necessary for the performance of Leaseweb’s obligations under the Agreement and this Clause 8. 8.5 Leaseweb shall arrange for all appropriate technical and organizational measures, to the extent such measures may be reasonably expected of Leaseweb, to protect the Personal Data from loss, loss of integrity or from any form of unlawful Processing, and shall ensure that these measures meet all requirements under the applicable data protection legislation, including but not limited Clause 32 GDPR. An overview of the technical and organizational measures taken by Leaseweb is included in Leaseweb’s privacy statement. 8.6 In case Leaseweb engages sub-contractors in the performance of the Agreement, Leaseweb shall impose similar data protection obligations as set forth in this Clause 8 on those sub-contractors. 8.7 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to fulfill its obligations to respond to requests by data subjects exercising their rights under the applicable data protection legislation. 8.8 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to comply with its obligations pursuant to applicable data protection legislation in particular Article 32 through 36 GDPR, taking into account the nature of the Processing and the information available to Leaseweb. 8.9 In case Leaseweb discovers a data breach that may adversely affect the protection of Personal Data Processed by Leaseweb on behalf of the Customer, Leaseweb will notify the Customer, to the extent permitted by law, as soon as reasonably possible. Leaseweb will cooperate with the Customer on the investigation of the personal data breach. The Customer shall be responsible to notify the relevant authority and/or the data subjects concerned, to the extent necessary, in case of a personal data breach. 8.10 After expiration or termination of the Agreement, for whatever reason, Leaseweb shall delete all the Personal Data pertaining to the Customer, including copies thereof, unless Leaseweb is required to retain such Personal Data under the applicable law. 8.11 Leaseweb shall make available to the Customer all information necessary, to the extent this is possible and reasonable, to demonstrate compliance with the conditions laid down in this Clause 8. Leaseweb shall cooperate, to the extent this is possible and reasonable, with any audits conducted by the Customer or another auditor mandated by the Customer. Unless expressly agreed otherwise in writing, the costs of such audit or inspection will be borne by the Customer. 8.12 Any requests, questions regarding data protection legislation, in particular the GDPR, should be sent to xxxxxxx@Xxxxxxxx.xxx.
Appears in 2 contracts
Samples: General Conditions, General Conditions
PERSONAL DATA / DATA PROTECTION. 8.1 This Clause only applies to the extent that the Processing of Personal Data by Leaseweb for or on behalf of the Customer falls within the scope of the GDPR.
8.2 In the performance of Leaseweb’s obligations under the Agreement, Leaseweb and its Affiliates shall Process Personal Data for or on behalf of the Customer. Leaseweb does not control and never acts as Data Controller of any (personal) data and content of Customer transmitted over the Network. Parties acknowledge and agree that with regard to the Processing of Personal Data on the Customer’s behalf, the Customer is the Data Controller, and Leaseweb is the Data Sub-Processor. In order to comply with the relevant data protection legislation, in particular the GDPR, with respect to the Processing of Personal Data by Leaseweb, Parties agree to apply the EC standard contractual clauses that apply to a non EU or EEA Processor, and agree upon the conditions as set forth in this Clause 8 – to the extent that these conditions do not deviate from the EC standard contractual clauses. Such to comply with the applicable data protection legislation, in particular the GDPR8.
8.3 8.2 Leaseweb shall only Process Personal Data if and to the extent such Processing is required in the performance of the Agreement by Leaseweb, and only in accordance with the instructions of the Customer and under conditions as set out by the Customer. The exception thereto is if Leaseweb is under a legal obligation to Process the Personal Data. Leaseweb shall inform the Customer of such legal obligation unless it is prohibited by law or reasons of important public interest from doing so.
8.4 8.3 Leaseweb ensures that the persons authorized by Leaseweb and/or its Affiliates to Process the Personal Data shall have access to the Personal Data as is required and necessary for the performance of Leaseweb’s obligations under the Agreement and this Clause 8.
8.5 8.4 Leaseweb shall arrange for all appropriate technical and organizational measures, to the extent such measures may be reasonably expected of Leaseweb, to protect the Personal Data from loss, loss of integrity or from any form of unlawful Processing, and shall ensure that these measures meet all requirements under the applicable data protection legislation, including but not limited Clause 32 GDPR. An overview of the technical and organizational measures taken by Leaseweb LeaseWeb is included in Leaseweb’s the privacy statement.
8.6 8.5 In case Leaseweb engages sub-contractors in the performance of the Agreement, Leaseweb shall impose similar data protection obligations as set forth in this Clause 8 on those sub-contractors.
8.7 8.6 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to fulfill its obligations to respond to requests by data subjects (such within the meaning of the GDPR) exercising their rights under the applicable data protection legislation.
8.8 8.7 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to comply with its obligations pursuant to applicable data protection legislation in particular Article Clause 32 through 36 GDPR, taking into account the nature of the Processing and the information available to Leaseweb.
8.9 8.8 In case Leaseweb discovers a data breach that may adversely affect the protection of Personal Data Processed by Leaseweb on behalf of the Customer, Leaseweb will notify the Customer, to the extent permitted by law, as soon as reasonably possible. Leaseweb will cooperate with the Customer on the investigation of the personal data breach. The Customer shall be responsible to notify the relevant authority and/or the data subjects concerned, to the extent necessary, in case of a personal data breach.
8.10 8.9 After expiration or termination of the Agreement, for whatever reason, Leaseweb shall delete all the Personal Data pertaining to the Customer, including copies thereof, unless Leaseweb is required to retain such Personal Data under the applicable law.
8.11 8.10 Leaseweb shall make available to the Customer all information necessary, to the extent this is possible and reasonable, to demonstrate compliance with the conditions laid down in this Clause 8. Leaseweb shall cooperate, to the extent this is possible and reasonable, with any audits conducted by the Customer or another auditor mandated by the Customer. Unless expressly agreed otherwise in writing, the costs of such audit or inspection will be borne by the Customer.
8.12 8.11 Any requests, questions regarding data protection legislation, in particular the GDPR, should be sent to xxxxxxx@Xxxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx.
Appears in 1 contract
Samples: General Conditions
PERSONAL DATA / DATA PROTECTION. 8.1 This Clause only applies to the extent that the Processing of Personal Data by Leaseweb for or on behalf of the Customer falls within the scope of the GDPR.
8.2 In the performance of Leaseweb’s obligations under the Agreement, Leaseweb and its Affiliates shall Process Personal Data for or on behalf of the Customer. Leaseweb does not control and never acts as Data Controller of any (personal) data and content of Customer transmitted over the Network. Parties acknowledge and agree that with regard to the Processing of Personal Data on the Customer’s behalf, the Customer is the Data Controller, and Leaseweb is the Data Sub-Processor. In order to comply with the relevant data protection legislation, in particular the GDPR, with respect to the Processing of Personal Data by Leaseweb, Parties agree to apply the EC standard contractual clauses that apply to a non EU or EEA Processor, and agree upon the conditions as set forth in this Clause 8 – to the extent that these conditions do not deviate from the EC standard contractual clauses. Such to comply with the applicable data protection legislation, in particular the GDPR8.
8.3 8.2 Leaseweb shall only Process Personal Data if and to the extent such Processing is required in the performance of the Agreement by Leaseweb, and only in accordance with the instructions of the Customer and under conditions as set out by the Customer. The exception thereto is if Leaseweb is under a legal obligation to Process the Personal Data. Leaseweb shall inform the Customer of such legal obligation unless it is prohibited by law or reasons of important public interest from doing so.
8.4 8.3 Leaseweb ensures that the persons authorized by Leaseweb and/or its Affiliates to Process the Personal Data shall have access to the Personal Data as is required and necessary for the performance of Leaseweb’s obligations under the Agreement and this Clause 8.
8.5 8.4 Leaseweb shall arrange for all appropriate technical and organizational measures, to the extent such measures may be reasonably expected of Leaseweb, to protect the Personal Data from loss, loss of integrity or from any form of unlawful Processing, and shall ensure that these measures meet all requirements under the applicable data protection legislation, including but not limited Clause 32 GDPR. An overview of the technical and organizational measures taken by Leaseweb is included in Leaseweb’s privacy statement.
8.6 8.5 In case Leaseweb engages sub-contractors in the performance of the Agreement, Leaseweb shall impose similar data protection obligations as set forth in this Clause 8 on those sub-contractors.
8.7 8.6 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to fulfill its obligations to respond to requests by data subjects exercising their rights under the applicable data protection legislation.
8.8 8.7 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to comply with its obligations pursuant to applicable data protection legislation in particular Article 32 through 36 GDPR, taking into account the nature of the Processing and the information available to Leaseweb.
8.9 8.8 In case Leaseweb discovers a data breach that may adversely affect the protection of Personal Data Processed by Leaseweb on behalf of the Customer, Leaseweb will notify the Customer, to the extent permitted by law, as soon as reasonably possible. Leaseweb will cooperate with the Customer on the investigation of the personal data breach. The Customer shall be responsible to notify the relevant authority and/or the data subjects concerned, to the extent necessary, in case of a personal data breach.
8.10 8.9 After expiration or termination of the Agreement, for whatever reason, Leaseweb shall delete all the Personal Data pertaining to the Customer, including copies thereof, unless Leaseweb is required to retain such Personal Data under the applicable law.
8.11 8.10 Leaseweb shall make available to the Customer all information necessary, to the extent this is possible and reasonable, to demonstrate compliance with the conditions laid down in this Clause 8. Leaseweb shall cooperate, to the extent this is possible and reasonable, with any audits conducted by the Customer or another auditor mandated by the Customer. Unless expressly agreed otherwise in writing, the costs of such audit or inspection will be borne by the Customer.
8.12 8.11 Any requests, questions regarding data protection legislation, in particular the GDPR, should be sent to xxxxxxx@Xxxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx.
Appears in 1 contract
Samples: General Conditions
PERSONAL DATA / DATA PROTECTION. 8.1 This Clause only applies to the extent that the Processing of Personal Data by Leaseweb for or on behalf of the Customer falls within the scope of the GDPR.
8.2 In the performance of Leaseweb’s obligations under the Agreement, Leaseweb and its Affiliates shall Process Personal Data for or on behalf of the Customer. More information with respect to intercompany data transfer is in the privacy statement. Leaseweb does not control and never acts as Data Controller of any (personal) data and content of Customer transmitted over the Network. Parties acknowledge and agree that with regard to the Processing of Personal Data on the Customer’s behalf, the Customer is the Data Controller, and Leaseweb is the Data Processor. In order to comply with the relevant data protection legislation, in particular the GDPR, with respect to the Processing of Personal Data by Leaseweb, Parties agree to apply the EC standard contractual clauses that apply to a non EU or EEA Processor, and agree upon the conditions as set forth in this Clause 8 – to the extent that these conditions do not deviate from the EC standard contractual clauses. Such to comply with the applicable data protection legislation, in particular the GDPR8.
8.3 8.2 Leaseweb shall only Process Personal Data if and to the extent such Processing is required in the performance of the Agreement by Leaseweb, and only in accordance with the instructions of the Customer and under conditions as set out by the Customer. The exception thereto is if Leaseweb is under a legal obligation to Process the Personal Data. Leaseweb shall inform the Customer of such legal obligation unless it is prohibited by law or reasons of important public interest from doing so.
8.4 8.3 Leaseweb ensures that the persons authorized by Leaseweb and/or its Affiliates to Process the Personal Data shall only have access to the Personal Data as is required and necessary for the performance of Leaseweb’s obligations under the Agreement and this Clause 8.
8.5 8.4 Leaseweb shall arrange for all appropriate technical and organizational measures, to the extent such measures may be reasonably expected of Leaseweb, to protect the Personal Data from loss, loss of integrity or from any form of unlawful Processing, and shall ensure that these measures meet all requirements under the applicable data protection legislation, including but not limited Clause 32 GDPR. An overview of the technical and organizational measures taken by Leaseweb LeaseWeb is included in Leaseweb’s the privacy statement.
8.6 In case 8.5 Leaseweb engages is allowed to engage sub-contractors in and/or change existing sub-contractors if and to the performance extent that:
a) Leaseweb notifies Customer of the Agreementintended sub-contracting/ outsourcing in a medium of Leaseweb’s choice, in due time before engaging such subcontractor;
b) Customer does not object for good cause to the intended sub- contracting/ outsourcing by appropriate notice to Leaseweb issued in writing or in text form (“Textform”) within a period of two weeks from receipt of the said notice;
c) the sub-contracting is based on a contractual agreement according to Art. 28 subs. 2 – 4 GDPR. Customer hereby agrees to the subcontractors currently engaged by Leaseweb. Upon reasonable request, Leaseweb shall impose similar data protection obligations as set forth in this Clause 8 on those sub-contractorsprovide adequate information with respect to the subcontractors it has engaged.
8.7 8.6 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to fulfill its obligations to respond to requests by data subjects (such within the meaning of the GDPR) exercising their rights under the applicable data protection legislation.
8.8 8.7 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to comply with its obligations pursuant to applicable data protection legislation in particular Article Clause 32 through 36 GDPR, taking into account the nature of the Processing and the information available to Leaseweb.
8.9 8.8 In case Leaseweb discovers a data breach that may adversely affect the protection of Personal Data Processed by Leaseweb on behalf of the Customer, Leaseweb will notify the Customer, to the extent permitted by law, as soon as reasonably possible. Leaseweb will cooperate with the Customer on the investigation of the personal data breach. The Customer shall be responsible to notify the relevant authority and/or the data subjects concerned, to the extent necessary, in case of a personal data breach.
8.10 8.9 After expiration or termination of the Agreement, for whatever reason, Leaseweb shall delete all the Personal Data pertaining to the Customer, including copies thereof, unless Leaseweb is required to retain such Personal Data under the applicable law.
8.11 8.10 Leaseweb shall make available to the Customer all information necessary, to the extent this is possible and reasonable, to demonstrate compliance with the conditions laid down in this Clause 8. Leaseweb shall cooperate, to the extent this is possible and reasonable, with any audits conducted by the Customer or another auditor mandated by the Customer. Unless expressly agreed otherwise in writing, the costs of such audit or inspection will be borne by the Customer.
8.12 8.11 Any requests, questions regarding data protection legislation, in particular the GDPR, should be sent to xxxxxxx@Xxxxxxxx.xxxxxxxxxx@xx.xxxxxxxx.xxx.
Appears in 1 contract
Samples: General Conditions
PERSONAL DATA / DATA PROTECTION. 8.1 This Clause only applies to the extent that the Processing of Personal Data by Leaseweb for or on behalf of the Customer falls within the scope of the GDPR.
8.2 In the performance of Leaseweb’s obligations under the Agreement, Leaseweb and its Affiliates shall Process Personal Data for or on behalf of the Customer. Leaseweb does not control and never acts as Data Controller of any (personal) data and content of Customer transmitted over the Network. Parties acknowledge and agree that with regard to the Processing of Personal Data on the Customer’s behalf, the Customer is the Data Controller, and Leaseweb is the Data Sub-Processor. In order to comply with the relevant data protection legislation, in particular the GDPR, with respect to the Processing of Personal Data by Leaseweb, Parties agree to apply the EC standard contractual clauses that apply to a non EU or EEA Processor, and agree upon the conditions as set forth in this Clause 8 – to the extent that these conditions do not deviate from the EC standard contractual clauses. Such to comply with the applicable data protection legislation, in particular the GDPR8.
8.3 8.2 Leaseweb shall only Process Personal Data if and to the extent such Processing is required in the performance of the Agreement by Leaseweb, and only in accordance with the instructions of the Customer and under conditions as set out by the Customer. The exception thereto is if Leaseweb is under a legal obligation to Process the Personal Data. Leaseweb shall inform the Customer of such legal obligation unless it is prohibited by law or reasons of important public interest from doing so.
8.4 8.3 Leaseweb ensures that the persons authorized by Leaseweb and/or its Affiliates to Process the Personal Data shall have access to the Personal Data as is required and necessary for the performance of Leaseweb’s obligations under the Agreement and this Clause 8.
8.5 8.4 Leaseweb shall arrange for all appropriate technical and organizational measures, to the extent such measures may be reasonably expected of Leaseweb, to protect the Personal Data from loss, loss of integrity or from any form of unlawful Processing, and shall ensure that these measures meet all requirements under the applicable data protection legislation, including but not limited Clause 32 GDPR. An overview of the technical and organizational measures taken by Leaseweb is included in Leaseweb’s privacy statement.
8.6 In case Leaseweb engages sub-contractors in the performance of the Agreement, Leaseweb shall impose similar data protection obligations as set forth in this Clause 8 on those sub-contractors.
8.7 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to fulfill its obligations to respond to requests by data subjects exercising their rights under the applicable data protection legislation.
8.8 Leaseweb shall provide all reasonable assistance to the Customer in order for the Customer to comply with its obligations pursuant to applicable data protection legislation in particular Article 32 through 36 GDPR, taking into account the nature of the Processing and the information available to Leaseweb.
8.9 In case Leaseweb discovers a data breach that may adversely affect the protection of Personal Data Processed by Leaseweb on behalf of the Customer, Leaseweb will notify the Customer, to the extent permitted by law, as soon as reasonably possible. Leaseweb will cooperate with the Customer on the investigation of the personal data breach. The Customer shall be responsible to notify the relevant authority and/or the data subjects concerned, to the extent necessary, in case of a personal data breach.
8.10 After expiration or termination of the Agreement, for whatever reason, Leaseweb shall delete all the Personal Data pertaining to the Customer, including copies thereof, unless Leaseweb is required to retain such Personal Data under the applicable law.
8.11 Leaseweb shall make available to the Customer all information necessary, to the extent this is possible and reasonable, to demonstrate compliance with the conditions laid down in this Clause 8. Leaseweb shall cooperate, to the extent this is possible and reasonable, with any audits conducted by the Customer or another auditor mandated by the Customer. Unless expressly agreed otherwise in writing, the costs of such audit or inspection will be borne by the Customer.
8.12 Any requests, questions regarding data protection legislation, in particular the GDPR, should be sent to xxxxxxx@Xxxxxxxx.xxx.32
Appears in 1 contract
Samples: General Conditions
