Præambel Clause Samples
Præambel. 2.1 These Contractual Clauses ('Clauses') establish the rights and obligations of the Data Processor when processing personal data on behalf of the Data Controller.
2.2 These Clauses are designed to ensure the Parties' compliance with Article 28(3) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ('the data protection regulation').
2.3 In connection with the provision of the WOBA HR platform (from now on referred to as the 'System') in accordance with the executed contract, from now on referred to as the 'Main Agreement,' the Data Processor processes personal data on behalf of the Data Controller in accordance with these Clauses.
2.4 These Clauses take precedence over any similar provisions in other agreements between the Parties.
2.5 There are four appendices to the Clauses, and the appendices constitute an integral part of the Clauses.
2.6 Appendix A They contain detailed information about the processing of personal data, including the purpose and nature of the processing, the types of personal data, categories of data subjects, and the duration of processing.
2.7 Appendix B They include the conditions set by the Data Controller for the Data Processor's use of sub-processors and a list of sub-processors approved by the Data Controller.
2.8 Appendix C They contain the Data Controller's instructions regarding the Data Processor's processing of personal data, a description of the minimum-security measures that the Data Processor must implement, and the supervision process for the Data Processor and any sub- processors.
2.9 Appendix D They contain provisions regarding other activities that are not covered by the Clauses.
2.10 if standard contractual clauses, as referred to in Article 46(2)(c) and (d) of the data protection regulation, form the basis for the transfer of personal data as mentioned in Chapter V of the data protection regulation, they are attached as Appendices E and E1.
2.11 The Clauses with their attached appendices must be kept in writing, including electronically, by both Parties."
2.12 These Clauses do not exempt the Data Processor from obligations imposed on the Data Processor under the data protection regulation or any other legislation.