Data Processing Agreement Jurisdiction

By 6. Dezember 2020Allgemein
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3.4 Objection to subcontractors. Customers may object in writing to DigitalOcean`s order for a new subprocessor for justifiable data protection reasons, notifying DigitalOcean immediately in writing within five (5) calendar days of receiving the DigitalOcean notification in accordance with Section 3.3. This opinion must explain the reasons for the objection. In this case, the parties discuss these concerns in good faith in order to reach an economically reasonable solution. If this is not possible, each party can terminate the corresponding services that cannot be provided by DigitalOcean without the use of the offending subprocessor again. 8.2 To the extent that DigitalOcean is subject to data protection law, DigitalOcean provides (at the customer`s expense) reasonably requested information on DigitalOcean`s handling of personal data as part of the agreement, so that the customer can conduct impact assessments or prior consultations with data protection authorities, in accordance with the law. „customer data“ refers to personal data processed by Mailchimp on behalf of the customer on the service, as described in this data protection authority. Data exporter obligations The data exporter accepts and guarantees: (a) that the processing, including the transfer itself, of personal data was carried out in accordance with the relevant provisions of the applicable data protection law (and, if applicable, notified to the competent authorities of the Member State in which the data exporter is established) and does not violate the relevant provisions of that State; (b) that it ordered the data importer and, for the duration of the data processing services, that it process the personal data transmitted only on behalf of the data exporter and in accordance with applicable data protection legislation and clauses; (c) that the data importer provides sufficient safeguards for the technical and organizational security measures covered by Appendix 2 of this treaty; (d) that, after reviewing the requirements of the applicable data protection law, security measures are such as to protect personal data from accidental or accidental destruction, modification, disclosure or unauthorized access, particularly where processing involves the transfer of data through a network, and against all other forms of illicit processing, and that these measures ensure a level of security adapted to the risks associated with the processing and nature of the data to be protected, given the state of the art and processing of the data; (e) that it ensures compliance with security measures; (f) that, in the case of specific categories of data, the person concerned has been informed, before or as soon as possible, of the transmission of his data to a third country which does not offer adequate protection within the meaning of Directive 95/46/EC; (g) provide the data protection authority with any notification from the data importer or subprocessor in paragraph 5 (b) and 8, paragraph 3, when the exporter decides to continue the transfer or lift the suspension; (h) make available to the persons concerned, upon request, a copy of the clauses, with the exception of Appendix 2, as well as a summary description of the security measures, as well as a copy of a contract for sub-treatment services, which must be made in accordance with the clauses, unless addendum 12 of the RGPD treatment of the RGPD Retention Science contains 12 clauses or the contract contains commercial information, in which case it may withdraw this commercial information; (i) that, in the case of a subcontract in point 11, the processing activity is carried out by a subcontractor offering at least the same level of protection for personal data and the rights of the person concerned as the importer of data in accordance with the clauses; and (j) to ensure compliance with Clauses 4 A) to i).

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