A GDPR data processing agreement helps users ensure that you take responsibility for the data collection process, including how subcontractors working on your behalf process data. The clauses shall be governed by the law of the Member State in which the data exporter is established. The online store will ask you for your credit card details to accept a payment. Storage is the data controller. It decides on the purpose (to sell you a product) and the means (using your credit card details) of the processing of your personal data. Here, CloudMQTT explains how the controller will provide instructions and what should be included in those instructions, as well as the controller`s obligation to comply with data protection laws and consent requirements. The processor must expressly declare its willingness to comply with the obligations provided for in Article 32 of the GDPR. This part of the GDPR concerns the security of data processing. It requires subcontractors and data controllers to incorporate certain security measures into their data processing activities. 9.1.
Any transfer of personal data to third countries or international organisations by the Processor will only be carried out on the basis of documented instructions from the Controller and will always be carried out in accordance with Chapter V of the GDPR. (i) any legally binding request for disclosure of personal data by a law enforcement authority, unless otherwise prohibited, such as. B a criminal prohibition to maintain the confidentiality of a law enforcement investigation; HubSpot, Inc. processes personal data to the extent necessary to provide the Subscription Services to data exporters in accordance with the Agreement. 9.2. If a data controller comes from a country (other than an EEA country) with one or more laws providing for restrictions or prohibitions on data transfer, and the data controller has informed the data processor of such restrictions or prohibitions on data transfer, the data controller and the data processor must ensure that an appropriate transmission mechanism (which responds to the transfer request(s) of country data) is in place. at the reasonable request of the controller and by mutual agreement between the two parties before the data controller`s data is transferred or accessed outside that country. For the avoidance of doubt, this transfer restriction does not apply to the Data Controller or authorized users of its affiliates who have access to the Data Controller`s software and data, and the Data Processor is not responsible for the actions of the Data Controller or authorized users of its affiliates.
Neither the Data Controller nor its authorized users are permitted to use the Software or Subscription Services in a country where data location laws would require that the Data Controller`s environment be hosted in that country. An order processing contract, also known as an addendum to data processing, is a constitutional contract in which you define the rights and obligations of the parties involved in data processing. It is important to determine which party is responsible for responding to eu consumers` requests in accordance with their rights as a data subject. As stated in the GDPR, EU citizens enjoy eight fundamental rights that controllers and processors must respect. iv) ensure that sub-processors undertake to process personal data in accordance with data protection laws, 8. Data Protection Impact Assessment and Prior Consultation The Processor shall provide the Company with appropriate assistance in Data Protection Impact Assessments and prior consultations with supervisory or other competent data protection authorities that the Company reasonably provides in accordance with Articles 35 or 36 of the GDPR or equivalent provisions of another data protection law are Necessary. in any case, only with regard to the processing of the company`s personal data by and taking into account the nature of the processing and the information available to the subcontractors. 10.2. The Controller is responsible, inter alia, for ensuring that the processing of personal data entrusted to the Processor has a legal basis. 2. The data subject may apply this clause, clause 5 (a) to (e) and (g), clause 6, clause 7, clause 8 (2) and clauses 9 to 12 against the data importer if the data exporter has effectively disappeared or ceased to exist before the law, unless a successor company has assumed all the legal obligations of the data exporter by contract or by operation of law.
accordingly, it assumes the rights and obligations of the data exporter, in which case the data subject may assert them against that body. (e) promptly and correctly process all requests from the data exporter in connection with the processing of the personal data being transferred and follow the advice of the supervisory authority in the processing of the transmitted data; `technical and organisational security measures` means the measures taken to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and before any other form of unlawful processing. Let`s put that in context. Imagine, a (affected) person buying online from an ecommerce store. The GDPR requires that the following information be included in your data processing agreement: The data processor takes reasonable steps to ensure that personal data is only accessible and managed by duly authorized employees, that direct access to database queries is restricted, and that access rights to applications are established and enforced to ensure that individuals who use a data processing system data, have access only to personal data to which they have the right to access; and that personal data may not be read, copied, modified or deleted during processing without permission. The data processor shall take reasonable steps to implement an access policy whereby access to its system environment, personal data and other data is only carried out by authorized personnel. Data controllers must have a data processing agreement with all subcontractors they use. The contract may be drawn up by the controller or processor. However, it is binding on both parties. 10.3. The controller shall immediately inform the processor in writing after the controller has determined that data protection legislation has not been complied with with with regard to the processing of personal data in accordance with this DPA.
Remember that the data processing agreement is a contract that governs how the data controller and data processor conduct their business. The Processor also assumes full responsibility for all actions performed by the Sub-Processors and gives the Controller the right to monitor and review all activities carried out by the Sub-Processors using their own Customer Data. One. The Parties acknowledge that, in accordance with FAQ II.1 of Article 29 of wp 176 of the Working Party`s document entitled “Frequently asked questions on the handling of certain issues raised by the entry into force of European Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors in third countries in accordance with Directive 95/46/EC”, the data exporter has general consent to further processing through the data. Importer.. .