Common use of Right of instruction Clause in Contracts

Right of instruction. (1) The Data Processor may only collect, process or use data within the scope of the Main Contract and in accordance with the instructions of the Controller; this applies in particular with regard to the transfer of personal data to a third country or to an international organization. If the Data Processor is required to carry out further processing by the law of the European Union or the Member States to which it is subject, it shall notify the Controller of these legal requirements prior to the processing. (2) The instructions of the Controller shall initially be determined by this Agreement. Thereafter, they may be amended, supplemented, or replaced by the Controller in writing or text form by individual instructions (Individual Instructions). The Controller shall be entitled to issue such instructions at any time. This includes instructions with regard to the correction, deletion, and blocking of data. (3) All instructions issued shall be documented by the Controller. Instructions that go beyond the service agreed in the Main Contract shall be treated as a request for a change in service. (4) If the Data Processor is of the opinion that an instruction of the Controller violates data protection provisions, it shall notify the Controller thereof without undue delay. The Data Processor shall be entitled to suspend the implementation of the relevant instruction until it is confirmed or amended by the Controller. The Data Processor may refuse to carry out an obviously unlawful instruction.