Data processing provisions—GDPR compliant—pro-processor
Data processing provisions—GDPR compliant—pro-processor

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Data processing provisions—GDPR compliant—pro-processor
  • Definitions
  • Specific interpretive provision(s)
  • Data processing provisions
  • Schedule 1Data processing details
  • Schedule 2Charges
  • Schedule 3Technical and organisational measures

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see Practice Notes: Brexit—implications for data protection, Brexit—drafting boilerplate clauses and Brexit—drafting commercial clauses.

Definitions

[In this Agreement:]

Applicable Law

  1. means as applicable and binding on the Customer, the Supplier and/or the Services:

    1. (a)

      any law, statute, regulation, byelaw or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of;

    2. (b)

      the common law and laws of equity as applicable to the parties from time to time;

    3. (c)

      any binding court order, judgment or decree; or

    4. (d)

      any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

Appropriate Safeguards

  1. means such legally enforceable mechanism(s) for Transfers of Personal Data as may be permitted under Data Protection Laws from time to time;

Controller

  1. has the meaning given to that term in Data Protection Laws;

Data Protection Laws

  1. means as applicable and binding on the Customer, the