Common use of Role of the Processor Clause in Contracts

Role of the Processor. The term (Sub-) “Processor” shall have the same meaning as in Art. 4 (8) of the GDPR. The Processor and any person acting under his authority with access to the data shall process the data exclusively for the purposes specified in Attachment 1 and within the framework of the Principle Agreement in accordance with the Controller's instructions – including with regard to transfers of personal data to a third country or an international organization-, unless the Processor is obliged by Union or Member State law to process the data in a certain way. In such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such notification on important grounds of public interest (Art. 28 (3) (2nd sentence) (a) of the GDPR). The Processor shall document the instructions given to him in a suitable, clear form and shall make this documentation available to the Controller on request. Any specific instructions at the commencement of the Agreement are stipulated in Attachment 1. Copies or duplicates of personal data will not be made without the knowledge of the Controller. Exceptions to this are back-up copies, insofar as they are necessary to guarantee proper data processing, as well as data required to comply with mandatory retention periods defined by law.