Common use of Data Protection and Processing Clause in Contracts

Data Protection and Processing. During the course of providing the Information Services, either directly or through its authorised dealers, as well as during the course of Volvo, any of its authorised business partners or any third party providing services, such as repair, maintenance or other services (whether or not under warranty), Volvo may process personal data within the meaning of the GDPR (“Personal Data”), on behalf of the Customer, its affiliates or agents. With respect to any such processing, the Parties agree that the Customer is the "controller" and that Volvo will act as the Customer’s "processor" as contemplated in the GDPR. Appendix 1 of this Agreement (Provisions Regarding the Processing of Personal Data) sets out the terms and conditions applicable to such processing of Personal Data and shall apply whenever Volvo is processing Personal Data on behalf of the Customer. The Customer undertakes to comply with applicable data protection laws, including, but not limited to, any obligations relating to the establishment of a legal ground for processing Personal Data and the provision of information to data subjects under the GDPR, and similar obligations imposed by laws in other jurisdictions. To the extent permitted by law, the Customer shall hold Volvo, its representatives and agents, and any third parties acting on behalf of Volvo, indemnified against any loss arising directly or indirectly from the Customer’s failure to comply with applicable data protection laws.