For Individual Clients

Standard Contractual Clauses

For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR) 

Between the User (the data controller)

COMPANY
NAME
TIME STAMP
USER IP
EMAIL

and

Data & More ApS
Flæsketorvet 68
DK-1711 København V
CVR-nr.: 38185659 (the data processor) 

each a ‘party’; together ‘the parties’

Have agreed on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.

Table of Contents

1. Preamble 3
2. The rights and obligations of the data controller 3
3. The data processor acts according to instructions 3
4. Confidentiality 4
5. Security of processing 4
6. Use of sub-processors 5
7. Transfer of data to third countries or international organisations 6
8. Assistance to the data controller 6
9. Notification of personal data breach 7
10. Erasure and return of data 8
11. Audit and inspection 8
12. The parties’ agreement on other terms 8
13. Commencement and termination 8
14. Data controller and data processor contacts/contact points 9

Appendix A Information about the processing 10

1. The purpose of the Processor’s processing of personal data on behalf of the Controller is: 10
2. The Processor’s processing of personal data on behalf of the Controller shall mainly pertain to (the nature of the processing): 10
3. The processing includes the following types of personal data about data subjects: 11
4. Processing includes the following categories of data subject 11
5. The Processor’s processing of personal data on behalf of the Controller may be performed when the Clauses commence. The processing has the following duration: 11

Appendix B Authorised Sub-processors 13

1. Approved sub-processors 13

Appendix C Instruction pertaining to the use of personal data 14

1. The subject of/instruction for the processing 14
2. Security of processing 14

Organizational security 14

Physical security 14

Technical security: Access to and protection of it systems 15

Technical security: Access to personal data 15

Technical security: Encryption 16

Technical security: Protection of personal data during transmission 16

Technical security: Availability and robustness 16

3. Assistance to the Controller 16
4. Storage period/erasure procedures 17
5. Processing location 17
6. Instruction on the transfer of personal data to third countries 17
7. Procedures for the Controller’s audits, including inspections, of the processing of personal data being performed by the Processor 17
8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors. 18
9. Appendix D The Parties’ terms of agreement on other subjects 20
10. Other matters 20
11. The Data Processing Agreement does not regulate other matters. 20

• Preamble

 

1. These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.

 

1. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

 

1. In the context of the provision of Data & More Compliance Server, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.

 

1. The Clauses shall take priority over any similar provisions contained in other agreements between the parties.

 

1. Four appendices are attached to the Clauses and form an integral part of the Clauses.

 

1. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.

 

1. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.

 

1. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.

 

1. Appendix D contains provisions for other activities which are not covered by the Clauses. 

 

1. The Clauses along with appendices shall be retained in writing, including electronically, by both parties.

 

1. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.

• The rights and obligations of the data controller

 

1. The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.

 

1. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.

 

1. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis. 

• The data processor acts according to instructions

 

1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses. 

 

1. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.

 

1. Furthermore, the Processor shall assist the Controller in ensuring compliance with the Controller’s obligations pursuant to GDPR, Article 32, by inter alia providing the Controller with information concerning the technical and organisational measures already implemented by the Processor pursuant to GDPR, Article 32, along with all other information necessary for the Controller to comply with the Controller’s obligation under GDPR, Article 32.
2. If subsequently – in the assessment of the Controller – mitigation of the identified risks require further measures to be implemented by the Processor, than those already implemented by the Processor pursuant to GDPR, Article 32, the Controller shall specify these additional measures to be implemented in Appendix C.

• Confidentiality

 

1. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.

 

1. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.

• Security of processing 

 

1. Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

 

The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:

1. Pseudonymisation and encryption of personal data;

 

1. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;

 

1. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

 

1. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

 

1. According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.

 

1. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.

 

If subsequently, in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional  measures to be implemented in Appendix C.

• Use of sub-processors

 

1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).

 

1. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior specific written authorisation of the data controller.

 

1. The data processor shall engage sub-processors solely with the specific prior authorisation of the data controller. The data processor shall submit the request for specific authorisation at least 30 days prior to the engagement of the concerned sub-processor. The list of sub-processors already authorised by the data controller can be found in Appendix B.

 

1. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.

 

The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.

 

1. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business-related issues that do not affect the legal data protection content of the sub-processor agreement shall not require submission to the data controller.  

 

1. The processor shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the processor has factually disappeared, ceased to exist in law or has become insolvent – the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

 

1. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

• Transfer of data to third countries or international organisations

 

1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR. 

 

1. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.

 

1. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:

 

1. transfer personal data to a data controller or a data processor in a third country or in an international organization

 

1. transfer the processing of personal data to a sub-processor in a third country 

 

1. have the personal data processed in by the data processor in a third country

 

1. The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.

 

1. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.

• Assistance to the data controller

 

1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.

This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with the exercise of following data subject rights:

 

1. the right to be informed when collecting personal data from the data subject
2. the right to be informed when personal data have not been obtained from the data subject
3. the right of access by the data subject
4. the right to rectification
5. the right to erasure (‘the right to be forgotten’)
6. the right to restriction of processing
7. notification obligation regarding rectification or erasure of personal data or restriction of processing
8. the right to data portability
9. the right to object 
10. the right not to be subject to a decision based solely on automated processing, including profiling

 

1. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 8.1., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

 

1. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, The competent national Data Protection Agency shall be notified — in Denmark, the Danish Data Protection Agency — unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

 

1. the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;

 

1. the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);

 

1. the data controller’s obligation to consult the competent supervisory authority, The competent national Data Protection Agency shall be notified — in Denmark, the Danish Data Protection Agency — prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.

 

1. The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.

 

• Notification of personal data breach

 

1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.

 

1. The data processor’s notification to the data controller shall, if possible, take place within 24 after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.

 

1. In accordance with Clause 9(2), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:  

 

1. The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned; 

 

1. the likely consequences of the personal data breach;

 

1. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. 

 

1. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.

 

• Erasure and return of data

 

1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so.

 

• Audit and inspection

 

1. The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.

 

1. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.    

 

1. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification and in accordance with Union or Member State procedural law. 

• The parties’ agreement on other terms 

 

1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.

• Commencement and termination

 

1. The Clauses shall become effective on the date of both parties’ signature.

 

1. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation. 

 

1. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.

 

• If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.

• Signature

 

On behalf of the data processor

 

Name: Kristian Boe Helweg Hansen

Titel: Customer Success & Compliance Manager

Mobile: +45 60843418

E-mail: kbhh@dataandmore.com

 

Signature Date: {{rawTimestamp}}

 

On behalf of  User (the data controller)

 

COMPANY

NAME

TIME STAMP
USER IP
EMAIL

• Data controller and data processor contacts/contact points

 

1. The parties may contact each other using the following contacts/contact points:

 

1. The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.

 

Name: Kristian Boe Helweg Hansen

Titel: Customer Success & Compliance Manager

Mobile: +45 60843418

E-mail: kbhh@dataandmore.com

 

For support at technical cases contact: 

 

E-mail: support@dataandmore.com

 

Appendix A Information about the processing 

 

1. The purpose of the Processor’s processing of personal data on behalf of the Controller is:

   1. The following purposes form the basis of the Processor’s processing of personal data on behalf of the Controller: The processing of personal data is carried out in order to clean up and help to gain a visual overview of data that contains personal identifiable information (PII-data) that are unnecessary or obsolete with the purposes of deleting the data. The processor provides support and the maintenance and servicing of the Data & More Compliance Server located at the processor’s facility. 
      1. In addition, the processing of personal data is carried out in order to fulfill the following purposes: The processor provides consultancy services to support the maintenance and servicing of the Data & More Compliance Server located at the processor’s facility or controller’s facility. 

2. The Processor’s processing of personal data on behalf of the Controller shall mainly pertain to (the nature of the processing):

 

1. The Processor’s processing of personal data on behalf of the Controller shall mainly pertain to (the nature of the processing): The retrieval and structuring of various categories of sensitive personal data collected in connection with the provision of the service. Such retrieval shall be undertaken in accordance with the instructions of the Data Controller and will concern predominantly unstructured datasets, including but not limited to email accounts, file-sharing drives, or equivalent systems. 
2. When the processor provides consultancy services, the processing of personal data typically involves limited and specific activities necessary to fulfill the contractual obligations agreed upon with the controller. These activities might include: The processor provides support and the maintenance and servicing of the Data & More Compliance Server located at the processor’s facility. 
3. Accessing Data as Necessary: The processor may access personal data to analyze, diagnose, or resolve issues related to the systems or services they are maintaining or improving, always under the controller’s instructions. 
4. Performing Technical Support: Consultancy services may require the processor to interact with systems that store or process personal data to provide guidance, implement changes, or ensure functionality. This processing is limited to what is strictly required to deliver the service. 
5. Compliance with Instructions: The processor’s role is solely to act on the documented instructions of the controller. The processor does not determine the purpose or means of processing but ensures that the services provided align with the controller’s instructions and the under this Agreement. 
6. Implementing Safeguards: Personal data handled during consultancy services is processed securely, with measures in place to protect its confidentiality, integrity, and availability. This includes secure access controls, encryption, and other technical and organizational measures as required by GDPR and by the provisions of this Agreement. 
7. Temporary Data Interaction: Processing may be temporary or incidental, such as during troubleshooting or configuration tasks. The processor ensures that no data is retained beyond the scope of the service, unless explicitly agreed upon with the controller. 
8. Overall, the processor’s consultancy services involve strictly necessary and controlled processing of personal data to fulfill the objectives defined by the controller, in full compliance with GDPR principles and contractual agreements. 

1. The processing includes the following types of personal data about data subjects:

   1. address, bank details (card details or account information), billing and accounting documents, date of birth, e-mail, information about users’ used device, IP-address, name, password to one or several systems, phone number, social security number, username for one or several systems, various personal data on customers’ systems to which access is granted, various personal data provided or recorded by the customer or the customer’s customers without the organization’s active processing and identification thereof, various personal data which are recorded in connection with the delivery of the service and cannot be precisely defined
   2. social security number, date of birth, bank details (card details or account information), billing and accounting documents, password to one or several systems, username for one or several systems, e-mail, address, phone number, name, IP-address, information about users’ used device, various personal data provided or recorded by the customer or the customer’s customers without the organization’s active processing and identification thereof, various personal data on customers’ systems to which access is granted, various personal data which are recorded in connection with the delivery of the service and cannot be precisely defined. 
   3. Various personal sensitivt data which are recorded in connection with the delivery of the service and cannot be precisely defined. Various personal data related to salary and payment which are recorded in connection with the delivery of the service and cannot be precisely defined.

2. Processing includes the following categories of data subject

   1. Current employees, former employees, applicants or potential subjects for recruitment and hiring, customers that are consumers or sole proprietors, customers’ employees and partners.
   2. (when customers are companies), customers’ customers and their employees (for example to CRM suppliers), suppliers that are persons or sole proprietors, suppliers’ employees (where the suppliers are companies), affiliates that are individuals or sole proprietorships, affiliates’ employees (when affiliates companies), various categories that cannot be identified beforehand

3. The Processor’s processing of personal data on behalf of the Controller may be performed when the Clauses commence. The processing has the following duration:

   1. The processing of personal data shall be performed until the Processor’s services have been terminated, after which the personal data is erased in accordance with Clause 10.1. The Processor’s processing of personal data is performed as long as the underlying commercial agreement(s) consists.

Appendix B Authorised Sub-processors

1. Approved sub-processors

 

1.1 On commencement of the Clauses, the Controller authorises the engagement of the following sub-processors:

Hetzner Online GmbH

DE812871812 Industriestr. 25,

91710 Gunzenhausen,

Germany

Back up / Hosting center Is server hosting partner for Data & More ApS

 

1.2 The Controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that Party. The Processor shall not be entitled – without the Controller’s explicit written authorisation – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.

Appendix C Instruction pertaining to the use of personal data

 

• The subject of/instruction for the processing

 

1. The Processor processes personal data as a consultant on behalf of the Controller to facilitate the Controller’s use of the IT system, Data & More Compliance Server, which is managed by the Processor. Under this Data Processing Agreement, the Processor is authorized to access the Data & More Compliance Server to perform maintenance, configuration, and quality assurance (QA) tasks that may require processing personal data related to the Controller’s employees, customers, and partners, for the sole purpose of fulfilling these tasks.

 

• Security of processing

 

1. The level of security shall take into account:

1. Taking into account the nature, scope, context and purposes of the processing activity as well as the risk for the rights and freedoms of natural persons, the Processor must implement an appropriate leve of security.
2. The Processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.
3. The Processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the Controller:

 

Organizational security 

The Processor shall implement the following organizational security measures: 

1. All employees of the Processor are subject to confidentiality obligations that apply to all processing of personal data. 
2. Employees with access to sensitive personal data or critical IT systems have undergone a security clearance before they were employed. 
3. The employee access to personal data is limited, so that only the relevant employees have access to the necessary personal data. 
4. The employees of the Processor that have access to “sensitive” personal information or critical IT systems have undergone a security clearance before they were employed. 
5. The processing of personal data done by the employees of the Processor is logged and can be checked as required. 
6. The Processor has an IT security policy. 
7. The Processor has documentable process descriptions for breaches of the personal data security, which are reviewed at least annually. 
8. The Processor has established procedures that ensure proper deletion or continuous confidentiality when the hardware is repaired, serviced, or disposed. i) The Processor has the opportunity to respond to employees’ breaches of the processor’s data security or breach of instructions on the processing of personal data according to employment law. 
9. The Processor’s employees regularly document and report breaches of personal data security or risks thereof. 

 

Physical security

The Processor shall implement the following physical security measures:

1. The processor’s office space can be locked.
2. The processor uses alarm systems to detect and prevent burglary.
3. The processor uses fire alarms and smoke detectors to detect and prevent fires.
4. The processor has tested the contingency and evacuation plan for emergencies.
5. The processor’s devices (including PCs, servers, etc.) are secured behind locked doors.
6. The processor and visitors etc. are identified by the use of identification cards.
7. The processor’s premises and facilities or access routes are subject to video or image monitoring.
8. The processor uses a verification process or verification system to control the identity of visitors.
9. The processor uses key management, i.e. provide keys to the relevant and necessary employees, etc.
10. Reception is staffed 24/7 or there is a security company outside of office hours.
11. The processor’s building(s) are divided into access zones, after which access cards are required for access to the zones.
12. A protocol is kept of the Processor’s visitors.
13. The processor’s employees are required to carry identity cards.

The level of security shall take into account the large scale of personal data processed

as well as the high confidentiality of the processed information and therefore require a high level of security.

Technical security: Access to and protection of it systems

The Processor shall implement the following technical security measures regarding access to and protection of it systems:

1. The processor uses logical access control with username and password or other unique authorization.
2. The processor uses antivirus programs that are updated regularly.
3. The processor logs and controls unauthorized or repeated failed login attempts.
4. The processor requires employees to use individual passwords.
5. The processor’s computers have automatic access protection during inactivity, ie.

locked screen saver.

1. The processor has policies for password composition, including minimum requirements.
2. There are procedures for revoking permissions when an employee stops or switches department.
3. There are procedures for granting authorizations to IT systems when hiring new employees.

The level of security shall take into account the large scale of personal data processed as well as the high confidentiality of the processed information and therefore require a high level of security.

Technical security: Access to personal data

The Processor shall implement the following technical security measures regarding access to personal data:

1. The processor regularly reviews system controls.
2. The processor grants authorizations to individuals or groups of users to access, change and delete processed personal data.
3. The processor has procedure(s) to restore data from backup.
4. The processor regularly reviews and verifies user authorizations for specific systems.
5. The processor logs and controls unauthorized or repeated failed attempts to erase data.
6. The processor logs and controls unauthorized or repeated failed attempts to access data.
7. The processor has traceability of access, modification and erasure of data by individual users.

The level of security shall take into account the large scale of personal data processed as well as the high confidentiality of the processed information and therefore require a high level of security.

Technical security: Encryption

The Processor shall implement the following technical security measures regarding encryption:

1. Passwords stored on the processor’s computers, etc. are encrypted.
2. Content on external hard drives and USB keys, etc. is encrypted when such media contain personal or sensitive personal information.
3. The network is encrypted.
4. The processor’s computers have encrypted hard drives.
5. The processor encrypts personal data in systems and/or on devices.
6. The processor encrypts sensitive personal data in systems and/or on devices.
7. The processor’s websites and web forms uses SSL certificates / HTTPS (Hyper Text Transfer Protocol Secure).

See additional document on DAM Network security policy.

Technical security: Protection of personal data during transmission

The Processor shall implement the following technical security measures regarding protection of personal data during transmission:

1. The processor uses and has guidelines for secure email.
2. Outgoing emails with sensitive personal data or information about purely private matters are encrypted.
3. The processor has guidelines for the use of work emails, including use for private use, appropriate use, encryption, secure use, etc.

Technical security: Availability and robustness

The Processor shall implement the following technical security measures regarding availability and robustness:

1. Accessibility and robustness of the processor’s systems and servers are secured by a third party with whom the processor has an agreement.
2. Only authorized employees have access to the processor’s own servers.
3. Server rooms have smoke alarms and fire extinguishers.
4. Server room has air conditioning system.
5. There are rules and guidelines for data backup.
6. There are rules and guidelines for restoring data from backup.
7. Backups are made regularly (either in-house or at supplier).
8. Active alerting by unauthorized attempts to access server rooms and/or processing systems and data.
9. Uninterruptible power supply (UPS) is used.
10. Monitoring of temperature and humidity in server rooms.
11. The processor has procedure descriptions for breaches of the personal data security that are reviewed at least annually.

1. Assistance to the Controller

 

3.1 The Processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the Controller in accordance with Clause 8.1, 9.1 and 9.2 by implementing the following technical and organisational measures:

 

1. If the Controller receives a request for the exercise of one of the rights of the data subjects in accordance with applicable data protection law, and a proper reply to the request requires assistance from the Processor, the Processor shall assist the Controller with the necessary and relevant information and documentation as well as appropriate technical and organizational security measures.
2. If the Controller needs the Processor’s assistance in order to reply to a request from a data subject, the Controller must send a written requst for assistance to the Processor and the Processor shall in response provide the necessary help or documentation as soon as possible and no later than 7 calendar days after receiving the request.
3. If the Processor receives a request for the exercise of the rights pursuant to applicable data protection law from other persons than the Controller, and the request concerns personal data processed on behalf of the Controller, the Processor shall without undue delay forward the reuest to The Controller.

 

4. Storage period/erasure procedures

4.1 Upon termination of the provision of personal data processing services, the Processor shall delete the personal data in accordance with Clause 10.1 unless the Controller – after the signature of the contract – has modified the Controller’s original choice. Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.

5. Processing location

5.1 Processing of the personal data under the Clauses cannot be performed at other locations than the following without the Controller’s prior written authorisation:

Hetzner Online GmbH,

VAT Reg. No.: DE812871812 Industriestr. 25

91710 Gunzenhausen in Germany

6. Instruction on the transfer of personal data to third countries

6.1 Personal data is only being processed by the Processor on the locations specified in Clause C.5. The Processor does not transfer personal data to third countries or international organizations.

6.2 If the Controller does not provide a documented instruction in these Clauses or subsequently with regards to the transfer of personal data to a third country, the Processor is not entitled to carry out such transfers within the scope of these Clauses.

6.3 Transfer of personal data can in all cases only be done in accordance with these Clauses, on the instructions of The Controller and to the extent permitted by the applicable data protection law.

6.4 Where, in accordance with these clauses, The Processor transfers personal data to sub-data processors in third countries outside the EU / EEA, the Processor must independently secure a legal basis for the transfer in accordance with Chapter 5 of GDPR.

7. Procedures for the Controller’s audits, including inspections, of the processing of personal data being performed by the Processor

7.1 The Processor shall, upon the Controller’s written request, document to the Controller that the Processor

7.1.1 is complying with his obligations under these Clauses and the Instruction, and

7.1.2 with the relevant articles in the GDPR in regards to the personal data being processed on behalf of the Controller.

 

7.2 According to Clause C.7.1 The Processor’s documentation shall be sent to the Controller within a reasonable time after receiving the request.

 

7.3 The processor must provide the controller with documentation of continuous compliance with the provisions. These self-audit reports must be prepared at least once a year and shall follow the principles and control objectives of the ISAE 3000 auditing standard, as laid down by Common Strategic Framework (CSF) – Danish Auditors and the Danish Data Protection Agency and ISAE 3402 (and/or alternatively internationally recognized standards such as ISO/IEC 27701:2019). Self-audit reports may be conducted as part of the controller’s information gathering and must be signed by the processor’s management. In order to cover the The Data Controller’s need for insight and assurance of the Data Processor’s secure processing of the personal data, The Data Processor must audit The Data Processor’s compliance with the the Clauses every 12 months, including the specified implemented security measures, by an external independent third party and send the complete records to the Data Controller.

 

7.4 Regardless of Clause C.7.3, The Processor shall furthermore provide for and contribute to audits and inspections, performed by auditors appointed by the Controller, the public authorities in the competent jurisdiction, to the extent necessary to verify the Processor’s compliance with these Clauses and the applicable data protection law. The auditor in question must be subject to confidentiality under law or agreement. The Controller must notify the audits in writing with 14 calendar days.

8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors.

 

8.1 The Processor shall at least every 12th month, at their own expense, conduct an audit of the Processor’s sub-processors and submit documentation for this audit to the Controller.

8.2 The Parties agree that the independent auditor’s ISAE 3000 assurance report can be applied for this purpose.

 

C.8. [IF APPLICABLE] Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors

The data processor shall YEARLY at THE DATA PROCESSOR’S expense obtain an [AUDITOR’S REPORT/INSPECTION REPORT] from an independent third party concerning the sub-processor’s compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.

The parties have agreed that the following types of [AUDITOR’S REPORT/INSPECTION REPORT] may be used in compliance with the Clauses:

• Hetzner TUEV audit report 
• Updated ISO/IEC 27001:2013 certificates
• Hetzner_GDPR compliance Art 28 and 32 documentation

The AUDITOR’S REPORT shall without undue delay be submitted to the data controller for information. The data controller may contest the scope and/or methodology of the report and may in such cases request a new audit/inspection under a revised scope and/or different methodology.

Based on the results of such an audit/inspection, the data controller may request further measures to be taken to ensure compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.

The data processor or the data processor’s representative shall in addition have access to inspect, including physically inspect, the places where the processing of personal data is carried out by the sub-processor, including physical facilities as well as systems used for and related to the processing. Such an inspection shall be performed, when the data processor (or the data controller) deems it required.

Documentation for such inspections shall without delay be submitted to the data controller for information. The data controller may contest the scope and/or methodology of the report and may in such cases request a new inspection under a revised scope and/or different methodology.”

The data controller may – if required – elect to initiate and participate in a physical inspection of the sub-processor. This may apply if the data controller deems that the data processor’s supervision of the sub-processor has not provided the data controller with sufficient documentation to determine that the processing by the sub-processor is being performed according to the Clauses.

The data controller’s participation in an inspection of the sub-processor shall not alter the fact that the data processor hereafter continues to bear the full responsibility for the sub-processor’s compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.”

The data processor’s and the sub-processor’s costs related to physical supervision/inspection at the sub-processor’s facilities shall not concern the data controller – irrespective of whether the data controller has initiated and participated in such inspection.    

• The Data Processing Agreement does not regulate other matters.