NaviPartner’s Data Processing Agreement


Standard Contractual Clauses

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

between

Name:  
CVR:  
Address:  
Postcode and city:  
Country:  
(the data controller)

and

NaviPartner ApS
CVR 21382191
Titangade 16
DK-2200 Copenhagen
Denmark
(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.

 

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

         Appendix A       Information about the processing.
         Appendix B       Authorised sub-processors.
         Appendix C       Instruction pertaining to the use of personal data.
         Appendix D       The parties' terms of agreement on other subjects.

 

 2. 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.

  2. 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 Consultancy and/or Development, 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.

3. 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.
    References to ”Member States” made throughout the Clauses shall be understood as references to “EEA Member States”.
  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.

4. 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.

5. 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.

6. 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:

         a) Pseudonymisation and encryption of personal data;

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

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

         d) 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.

7. 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 or general written authorisation.
  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 one month 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.

    The data processor has the data controller's general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least one month in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. 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 data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete 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.

 

8. 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:

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

         b) transfer the processing of personal data to a sub-processor in a third country

         c) 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.

9. 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:

        a) the right to be informed when collecting personal data from the data subject

        b) the right to be informed when personal data have not been obtained from the data subject

        c) the right of access by the data subject

        d) the right to rectification

        e) the right to erasure ('the right to be forgotten')

        f) the right to restriction of processing

        g) notification obligation regarding rectification or erasure of personal data or restriction of processing

        h) the right to data portability

        i) the right to object

        j) 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 6.3., 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:

        a) 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 Danish Data Protection Agency, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;

        b) 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;

        c) 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);

        d) the data controller's obligation to consult the competent supervisory authority, 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.

10. 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 hours 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)(a), 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:

        a) 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;

        b) the likely consequences of the personal data breach;

        c) 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.

11. Erasure and return of data

  1. On termination of the provision of personal data processing services, the data processor shall be under obligation, at the data controller's discretion, to delete or return all the personal data to the data controller and delete existing copies unless Union or Member State law requires storage of the personal data.

12. 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 appendix C.
  1. The Data Controller's inspection of sub-processors shall as a rule be performed through the Data Processor. The procedures for such inspection are specified in appendix C.
  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.

13. 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.
  1. Regulation of other terms between the parties are specified in Appendix D.

14. 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. 
  1. 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. 
  1. Signature

    On behalf of the data processor:

    Name: Mark Stewart Pedersen
    Position: CEO
    Date:
    Signature is electronically added in the bottom of the contract.   

    On behalf of the data controller:

    Name:
    Position:
    Date:
    Signature is electronically added in the bottom of the contract.              

15. 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.

    On behalf of the data controller:

    Name:
    Position:
    E-mail:
    Telephone:

    On behalf of the data processor:

    E-mail:  [email protected]
    Telephone: +45 7022 0322

 

Appendix A - Information about the processing 

A.1. The purpose of the data processor's processing of personal data on behalf of the data controller is:

  • that the data controller is able to use NaviPartner Software Solutions, which are hosted, developed and supported by the data processor, and used to register the data controller's contacts, customers, creditors, members and employees as well as their transactions in Microsoft Dynamics 365 Business Central, Magento webshop and associated supplementary systems.

A.2. The data processor's processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):

  • that the data processor hosts, reads, reviews and alters data in order to deliver counseling, development, training and configuration of the systems. 

A.3. The processing includes the following types of personal data about data subjects:

  • General personal data, meaning all data that is not classified as specific categories of data (Sensitive personal data):
    • Name, e-mail address, telephone number, address, profil picture.
    • Customer group, payment details, purchase history.
    • Membership number, type of membership, registered entry admissions related to use of membership and tickets.

A.4. Processing includes the following categories of data subject:

  • Registered, who are contacts, customers, creditors, members and system users of the data controller. 

A.5. The data processor's processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

  • Processing shall not be time-limited and shall be performed until the Clauses are terminated or cancelled by one of the Parties. 

Appendix B - Authorised sub-processors

B.1. Approved sub-processors

On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:

NAME

VAT / company Id

ADDRESS

DESCRIPTION OF PROCESSING

NaviPartner Mauritius LTD

20536928

Block 2, Clarens Fields, Medine Business Park,Black River Road, Bambous, Mauritius

Adjustment, development and support of NaviPartner Software Solutions and associated supplementary systems

NaviPartner Serbia d.o.o.

111911206

Heroja Milana Tepica 13
11040 Beograd,
Serbia

Adjustment, development and support of NaviPartner Software Solutions and associated supplementary systems

Iron Mountain A/S

27967825

Stamholmen 165, DK-2650 Hvidovre, Denmark

Storage/archiving and courier services of tape backup media

Revi-IT A/S

30988531

Jens Kofods Gade 1, DK-1268, Copenhagen, Denmark 

Audit of controls and processes necessary for Data Processor's ISAE-3402 statement

KMD A/S

26911745

Lautrupparken 40-42, DK-2750, Ballerup, Denmark

Electronic documents, invoices, orders etc. are sent to KMD. KMD distributes the documents to receivers on the VAN network

Bcility d.o.o.

112769545

Kneza Miloša 42, 32000 Čačak, Serbia

*

ImproveIT d.o.o.

111932519

Milana Rakića 47/11, 11050 Belgrade, Serbia

*

DEVCASA d.o.o.

HR01897701069

Vukovarska cesta 176, 31000 Osijek, Croatia

*

Dodekaedar d.o.o.

HR50800925067

Ivana Trnskog 17 10000 Zagreb, Croatia

*

Cal-El

HR53645654124

XIV Trokut 2G/2, 10020 Za-greb, Croatia

*

Wesley Alexander Jacobs
Private

8211225015087

48 Batis Street, 7550 Cape Town, Western Cape, South Africa

*

Bidu Andreea
Persoana Fizica Autorizata

RO46792707

B-dul Bucureștii Noi, 136, et. Parter, ap. 5, Bucharest, Romania

*

Lungu Andrei-Ovidiu Persoana Fizica Autorizata

RO41384090

Strada Ion Heliade Radulescu, Nr. 37, Campina, 105600, Romania

*

Sapera Claudiu
Persoana Fizica Autorizata

RO45464035

Paul Greceanu no. 11, 020105 Bucharest, Romania

*

Sannes Consulting AB

SE559168521801

Spaljevägen 9, 197 36 Bro, Sweden

*

Ernest Shahini

M02305020S

Rruga 'Arkitekt Sinani', Nd24, Hy.5, Tirana, Albania

*

Tero d.o.o.

HR61281741179

J.J. Strossmayera 341, 31000 Osijek, Croatia

*

Elmin Bandic
Private

38772344072

Mali Kiseljak 25E, Blazuj, 71215, Bosnia-Hercegovina

*

Almir Husic
Private

38762603491

Behdžeta Mutevelića 2B, 71000, Sarajevo,
Bosnia-Hercegovina

*

Radoslav Valentinov Yordanov
Private

BG180628452

Benkovski 8, 2540 Kyustendil, Bulgaria

*

Mihails Pojasnikovs

 

Dzirnavu iela 119-42, LV1050, Latvia

*

Mika Lindholm

FI34139713

Espoonlahdenkatu 10 A 33, Espoo 02320

*

Jakub Vanac
Private

CZ8009254396

Poděbradova 584, 664 42 Modřice, Czechia

*

* The sub-processor is considered full-time employee and work solely for NaviPartner ApS Denmark.
Their constallation as unique legal enteties are purely for invoicing purposes.
The sub-processor handles adjustment, development and support of NaviPartner Software Solutions and associated supplementary systems.


The data controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data 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

C.1. The subject of/instruction for the processing

The data processor's processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:

  • Hosting, configuration, development, alteration and assessment of data related to NaviPartner Software Solutions and associated supplementary systems.

C.2. Security of processing

The level of security shall take into account:

That the processing involves a large volume of data subjects which heightens the profit for criminals abusing the information for e.g., identity theft, and that the processing involves consolidation of data sets along with profiling of data subjects.

The data 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. The data processor undertakes to be checked by an external audit firm annually according to the ISAE-3402 standard. The check must be completed in an ISAE-3402 statement which the Data Processor makes available to the data controller.   

C.3. Assistance to the data controller

The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:

Upon receiving any requests from data subjects or third parties, concerning the processing of data, without undue delay inform data controller of those requests. The data processer shall refrain from having direct dialogue with the data subjects regarding the processing of data.

Upon expectation of any data breach remain available and assist the data controller in investigation, notifying supervisory authority and obtaining information. 

C.4. Storage period/erasure procedures

Personal data is available during the complete time period of the contract after which access to all personal data is revoked by the data controller.  

Upon termination of the provision of personal data processing services, the data processor shall either delete or return the personal data in accordance with Clause 11.1., unless the data controller – after the signature of the contract – has modified the data controller's original choice. Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.

C.5. Processing location 

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

  • Albania
    • Rruga 'Arkitekt Sinani', Nd24, Hy.5, Tirana
  • Bosnia-Hercegovina
    • Mali Kiseljak 25E, Blazuj, 71215
    • Behdžeta Mutevelića 2B, 71000, Sarajevo
  • Croatia
    • J.J. Strossmayera 341, 31000 Osijek
    • Ivana Trnskog 17 10000 Zagreb
    • Vukovarska cesta 176, 31000 Osijek
    • XIV Trokut 2G/2, 10020 Zagreb
  • Czechia
    • Poděbradova 584, 664 42 Modřice
  • Denmark
    • NaviPartner ApS, Titangade 16, 2200 Kbh N.
    • NaviPartner Data Center. GlobalConnect A/S, Hørskætten 3,
      DK-2650 Taastrup.
    • KMD A/S. Lautrupparken 40-42, DK-2750, Ballerup
  • Mauritius
    • NaviPartner Mauritius LTD, Block2, Clarens Fields, Medine Business Park, Black River Road, Bambous.
  • Microsoft Azure
  • Romania
    • B-dul Bucureștii Noi, 136, et. Parter, ap. 5, Bucharest
    • Strada Ion Heliade Radulescu, Nr. 37, Campina, 105600 Bucharest
    • Paul Greceanu no. 11, 020105 Bucharest
  • Serbia
    • Heroja Milana Tepica 13, 11040 Beograd
    • Kneza Miloša 42, 32000 Čačak
    • Milana Rakića 47/11, 11050 Belgrade
  • South Africa
    • 48 Batis Street, 7550 Cape Town, Western Cape
  • Sweden
    • Spaljevägen 9, 197 36 Bro
  • Finland
    • Espoonlahdenkatu 10 A 33, Espoo 02320
  • Latvia
    • Dzirnavu iela 119-42, LV1050
  • Bulgaria
    • Benkovski 8, 2540 Kyustendil

 

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

The data controller authorizes that the data processor can transfer personal information to third countries with the following instructions for processing: Adjustment, development and support of NaviPartner Software Solutions and associated supplementary systems.

The legal basis for the transfer is the Standard Contractual Clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.

C.7. Procedures for the data controller's audits, including inspections, of the processing of personal data being performed by the data processor

The Data Processor shall annually obtain a safety audit report from an independent third party living up to recognized auditing standards. The parties agree to the standard audit statement being used is: ISAE 3402.

The Data Processor submits the statement of assurance to be used by the Data Controller as soon as possible after collection.

The data controller also has the opportunity to supervise, including physical supervision, at the data processor, when the data controller assesses a need for this. The data controller must provide the data processor with a notice of at least 30 days in such connection. The data controller is obliged to hold the possible expenses incurred in connection with an audit.

C.8. Procedures for the data controller's audits, including inspections, of the processing of personal data being performed by the data processor

The data processor shall annually obtain an evaluation report, appropriate to the type of data processing, or do a carry out a physical inspection, of sub-processor´s. If a sub-processor is unable to present the above approved statement of assurance, the data processor or a representative of the data processor must carry out a physical inspection of compliance with the Clauses with the sub-processors.

In addition to planned inspection, the Data Processor shall be entitled to inspect the Sub-Processor when the Data Processor (or the Data Controller) deems that this is required. 

Documentation for evaluation reports and inspections shall without delay be submitted to the data controller for information.

Appendix D - The parties' terms of agreement on other subjects

If the data controller finds it necessary with additional security measures, a detailed description must be sent to the data processors e-mail address [email protected], cf. section 6 on treatment safety. Then the data processor will decide whether these wishes can be met and at what price.

The data controller may request the assistance of the data processor to assist with technical and organizational measures in relation to the areas described in section 9. The price of this request is settled according to hours spent, where the price per hour is bases on the applicable list prices unless another agreement has been signed.

The data processor is willing to, at the request of the data controller, make changes to the Clauses. The price of this request is settled according to hours spent, where the price per hour is bases on the applicable list prices unless another agreement has been signed.

Electronic Signature

Leave this empty:

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Signed by Mark S. Pedersen
Signed On: March 18, 2024


Signature Certificate
Document name: NaviPartner’s Data Processing Agreement
lock iconUnique Document ID: 1c628c4b0a20ac604ca60a7e04ddec36d60ad9ff
Timestamp Audit
November 10, 2023 1:24 pm CETNaviPartner’s Data Processing Agreement Uploaded by Mark S. Pedersen - [email protected] IP 178.148.90.154