Common use of Subprocessor Clause in Contracts

Subprocessor. 12.1 The Processor is entitled to hire the Subprocessor(s) listed in the Subprocessor appendix. 12.2 The Processor undertakes to enter a written agreement with the Subprocessor to regulate the Processing that the Subprocessor carries out on behalf of the Controller and to only hire Subprocessors who provide adequate guarantees to carry out appropriate technical and organisational measures to ensure that the Processing fulfils the requirements of GDPR. When it comes to data protection, such an agreement shall entail the same obligations for the Subprocessor as are set out for the Processor in this Agreement. 12.3 The Processor is fully responsible in relation to the Controller for any Processing carried out by a Subprocessor. 12.4 The Processor is entitled to hire new subprocessors and to replace existing subprocessors. 12.5 When the Processor intends to hire a new subprocessor or replace an existing one, the Processor shall verify the Subprocessor’s capacity and ability to meet their obligations in accordance with the Data Protection Legislation. The Processor shall notify the Controller in writing of the Subprocessor’s name, corporate identity number and head office (address and country), which type of data and categories of Data Subjects are being processed, and where the Personal Data will be processed. 12.6 The Controller is entitled within thirty (30) days of the notice pursuant to item 12.5 to object to the Processor’s hiring of a new subprocessor and, due to such an objection, to cancel this Agreement to be terminated in accordance with the provisions of item 17.4 of this Agreement. 12.7 When the Processor stops using the Subprocessor, the Processor shall notify the Controller in writing that they will no longer be using the Subprocessor. 12.8 At the Controller’s request, the Processor shall send a copy of the agreement regulating the Subprocessor’s Processing of Personal Data in accordance with item 12.2.