Common use of Capacity and Capability Clause in Contracts

Capacity and Capability. 5.1 The Personal Data Processor guarantees possession of the requisite technical and organisational capacity and capability, including technical solutions, expertise, financial and human resources, procedures and methods for meeting its obligations under this Processor Agreement and the applicable data-protection regulations. 5.2 At the request of the Personal Data Controller or a third party hired by the Personal Data Controller, the Personal Data Processor shall certify that the obligations arising from this Processor Agreement and the applicable data-protection regulations are met by providing the relevant documentation, referring to a relevant and approved code of conduct or certification, enabling and contributing to audits and inspections of premises, IT systems and other assets and/or providing appropriate evidence without undue delay.