Common use of The Data Controller and the Data Processor Clause in Contracts

The Data Controller and the Data Processor. 2.1. The Data Controller will determine the scope, purposes, and manner by which the Personal Data may be accessed or processed by the Data Processor. The Data Processor will process the Personal Data in accordance with the Data Controller’s written instructions, except to the extent required to comply with a legal obligation to which the Data Processor is subject. In such a case, to the extent not prohibited by applicable law, the Data Processor shall inform the Data Controller of the legal obligation before Processing such Personal Data. Except as set forth herein, the Data Processor shall not process the Personal Data in a manner inconsistent with the Data Controller’s documented instructions. The Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction infringes the EU Data Protection Law. 2.2. The Parties have entered into the Service Agreement in order to benefit from the expertise of the Data Processor in securing and Processing the Personal Data for the purposes set out in Appendix 2. The Data Processor shall be allowed to exercise its own discretion in the selection and use of such means as it considers necessary to pursue those purposes, subject to the requirements set forth in this Data Processing Agreement. 2.3. The Data Controller represents and warrants that it has all necessary rights, including all necessary consents from Data Subjects, to provide the Personal Data to the Data Processor for the Processing to be performed in connection with the Services. The Data Controller represents and warrants it maintains a record of any and all consents obtained from Data Subjects. Should any consent be revoked by the Data Subject, the Data Controller shall promptly notify the Data Processor of such revocation, and the Data Processor shall implement the Data Controller’s reasonable instruction with respect to the further Processing of that Personal Data.

Appears in 1 contract

Samples: Data Processing Agreement

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The Data Controller and the Data Processor. 2.1. The Data Controller will determine the scope, purposes, and manner by which the Personal Data may be accessed or processed by the Data Processor. The Data Processor will process the Personal Data only as set forth in accordance with the Data Controller’s written instructions, except . 2.2. The Data Processor will only process the Personal Data on documented instructions of the Data Controller in such manner as - and to the extent that - this is appropriate for the provision of the Services, except as required to comply with a legal obligation to which the Data Processor is subject. In such a case, to the extent not prohibited by applicable law, the Data Processor shall inform the Data Controller of the that legal obligation before Processing processing, unless that law explicitly prohibits the furnishing of such Personal Data. Except as set forth herein, the Data Processor shall not process the Personal Data in a manner inconsistent with information to the Data Controller’s documented instructions. The Data Processor shall immediately promptly inform the Data Controller if, in its opinion, an instruction infringes the EU Data Protection Lawthis Regulation. 2.22.3. The Parties have entered into the Service Agreement in order to benefit from the expertise of the Data Processor in securing and Processing processing the Personal Data for the purposes set out in Appendix 2Annex 22. The Data Processor shall be allowed to exercise its own discretion direction in the selection and use of such means as it considers necessary to pursue those purposes, subject to the requirements set forth in this of these Data Processing AgreementTerms. 2.32.4. The Data Controller represents and warrants that it has all necessary rights, including all necessary consents from Data Subjects, rights to provide the Personal Data to the Data Processor for the Processing to be performed in connection with relation to the Services. The To the extent required by Applicable Data Protection Law, Data Controller represents is responsible for ensuring that any necessary data subject consents to this Processing are obtained, and warrants it maintains for ensuring that a record of any and all such consents obtained from Data Subjectsis maintained. Should any such a consent be revoked by the data subject, Data Subject, Controller is responsible for communicating the fact of such revocation to the Data Controller shall promptly notify the Processor, and Data Processor of such revocation, and the remains responsible for implementing any Data Processor shall implement the Data Controller’s reasonable Controller instruction with respect to the further Processing processing of that Personal Data.

Appears in 1 contract

Samples: Data Processing Agreement

The Data Controller and the Data Processor. 2.1. 2.1 The Data Controller will determine the scope, purposes, and manner by which the Personal Data may be accessed or processed by the Data Processor. The Data Processor will process the Personal Data in accordance with the Data Controller’s written instructions., except to the extent required to comply with a legal obligation to which the Data Processor is subject. In such a case, to the extent not prohibited by applicable law, the Data Processor shall inform the Data Controller of the that legal obligation before Processing such Personal Data. Except as set forth herein, the Data Processor shall not process the Personal Data in a manner inconsistent with the Data Controller’s documented instructions. The Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction infringes the EU Data Protection Law. 2.2. 2.2 The Parties have entered into the Service Agreement in order to benefit benefit from the expertise of the Data Processor in securing and Processing the Personal Data for the purposes set out in Appendix 2. The Data Processor shall be allowed to exercise its own discretion in the selection and use of such means as it considers necessary to pursue those purposes, subject to the requirements set forth in of this Data Processing Agreement. 2.3. The 2.3 Data Controller represents and warrants that it has all necessary rights, including all necessary consents from Data Subjects, rights to provide the Personal Data to the Data Processor for the Processing to be performed in connection with relation to the Services. The To the extent required by the EU Data Protection Law, Data Controller represents is responsible for ensuring that any necessary data subject consents to this Processing are obtained, and warrants it maintains for ensuring that a record of any and all such consents obtained from Data Subjectsis maintained. Should any such a consent be revoked by the data subject, Data Subject, Controller is responsible for communicating the fact of such revocation to the Data Controller shall promptly notify the Processor, and Data Processor of such revocation, and the remains responsible for implementing any Data Processor shall implement the Data Controller’s reasonable Controller instruction with respect to the further Processing of that Personal Data.

Appears in 1 contract

Samples: Software License Agreement

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The Data Controller and the Data Processor. 2.1. 2.1 The Data Controller will determine the scope, purposes, and manner by which the Personal Data may be accessed or processed by the Data Processor. The Data Processor will process the Personal Data in accordance with the Data Controller’s written documented instructions, except to the extent required to comply with a legal obligation to which the Data Processor is subject. In such a case, to the extent not prohibited by applicable law, the Data Processor shall inform the Data Controller of the legal obligation before Processing such Personal Data. Except as set forth herein, the Data Processor shall not process the Personal Data in a manner inconsistent with the Data Controller’s documented instructions. The Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction infringes the EU Data Protection Law. 2.2. 2.2 The Parties have entered into the Service Agreement in order to benefit from the expertise of the Data Processor in securing and Processing the Personal Data for the purposes set out in Appendix 2. The Data Processor shall be allowed to exercise its own discretion in the selection and use of such means as it considers necessary to pursue those purposes, subject to the requirements set forth in this Data Processing Agreement. 2.3. 2.3 The Data Controller represents and warrants that it has all necessary rights, including all necessary consents from Data Subjects, rights to provide the Personal Data to the Data Processor for the Processing to be performed in connection with the Services. The Data Controller represents and warrants it maintains has obtained all necessary consents from Data Subjects whose Personal Data are Processed by the Data Processor and shall ensure that a record of any and all such consents obtained from Data Subjectsis maintained. Should any consent be revoked by the Data Subject, the Data Controller shall promptly notify the Data Processor of such revocation, and the Data Processor shall implement the Data Controller’s reasonable instruction with respect to the further Processing of that Personal Data.

Appears in 1 contract

Samples: Data Processing Agreement

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