Common use of Documentation of compliance Clause in Contracts

Documentation of compliance. 5.6.1 The Data Processor shall on the Data Controller’s written request hereof provide documentation substantiating the following: (i) The Data Processor complies with its obligations under this Data Processor Agreement and the Instruction. (ii) The Data Processor complies with the Applicable Law in respect of the processing of the Personal Data. 5.6.2 The Data Processor’s documentation in connection with section 5.6.1 shall be provided within reasonable time after the receipt of the request. 5.6.3 The Data Processor is not obligated to initiate and undertake external audits of its compliance with the Data Processing Agreement on its own initiative. 5.6.4 Notwithstanding section 5.6.3, the Data Processor shall allow for and contribute to audits, inspections, etc.every 12 months, to be conducted by the Data Controller, auditors mandated by the Data controller, or public authorities in Denmark or other competent jurisdictions, insofar such audits, inspections, etc. are necessary to verify the compliance of the Data Processor with this Data Processor Agreement and the Applicable Law. Any auditors performing said audit, inspections, etc. must have undertaken a duty of confidentiality either by written contract or by statutory law. The Data Controller shall notify the Data Processor 10 calendar days before such an audit. If an audit is carried out by a governmental authority directly at the Data Processor´s premises and relates to processing activities performed on behalf of the Data Controller, the Data Processor must inform the Data Controller hereof and participate in and facilitate such audits. If the audit is not performed due to actions or omissions by the Data Processors or its Sub-Processors, the Data Processor shall be entitled to invoice the Data Controller for its assistance with such audits.