b. Accordingly, in accordance with clause 11 of those clauses, the data exporter gives its general consent to the processor. Such consent is subject to the condition that the data importer meets the requirements set out in the section “Notification and objection to new processors” of the data protection authority. one. The data exporter agrees that these clauses constitute confidential information of the data importer within the meaning of the agreement and may not be disclosed by the data exporter to third parties without the prior written consent of the data importer, unless the agreement allows it. This shall not preclude the disclosure of these clauses to a data subject in accordance with clause 4(h) or to a supervisory authority in accordance with clause 8. (iii) any request that emanates directly from the data subjects without answering that question, unless it has been authorised to do so otherwise; 2. where a data subject is unable to assert a claim for damages under paragraph 1 against the data exporter resulting from a breach by the data importer or its processor of one of its obligations under Clause 3 or Clause 11, because the data exporter has effectively disappeared or has lawfully ceased to exist or has become insolvent; The data importer agrees that the data subject may assert a claim against the data importer, as if he or she were the data exporter, unless a successor body has accepted by contract or by law all the legal obligations of the data exporter, in which case the data subject may assert his or her rights against that unit. The data importer may not invoke a breach of its obligations by a processor in order to avoid its own commitments. b.
The Parties also acknowledge that confidentiality restrictions imposed by the Processor may prevent data importers from transmitting subcontracting agreements to data exporters. Nevertheless, the data importer shall make reasonable efforts to require any subcontractor it has appointed to disclose the subcontracting agreement to the data exporter. Rest Status: We store user passwords in accordance with policies that correspond to industry security practices. We have implemented technologies to ensure that stored data is encrypted at rest. 3. The provisions relating to data protection in the further processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. If you are a business owner subject to the GDPR, it is in your best interest to have a data processing agreement: first of all, it is necessary to comply with the GDPR, but the DPA also gives you the assurance that the data processor you use is qualified and capable. As stated in recital 81: (b) it has instructed the data importer and, for the duration of the processing of the personal data, orders the importer to process the personal data transmitted solely on behalf of the data exporter, in accordance with the applicable data protection legislation and the clauses; one. The data exporter acknowledges and agrees that it will exercise its right of review in accordance with clause 5(f) by directing the data importer to comply with the audit measures described in the “Proof of Compliance” section of the DPA. As you may know, this website is operated by the encrypted email provider ProtonMail (and funded in part by the European Union`s Horizon 2020 programme).
As part of our efforts to comply with the GDPR, we have made available to all users of the company our own data processing contract for download, verification and signature. (g) make available to the data subject, upon request, a copy of the terms or of an existing contract for further processing, unless the terms or contract contain commercial information, in which case he or she may withdraw that commercial information, with the exception of Annex 2, which shall be replaced by a summary description of the security measures where the data subject cannot obtain a copy from the data exporter; Authorization: Customer data is stored in portable storage systems that customers can only access using application user interfaces and application programming interfaces….