Common use of EU Data Protection Clause in Contracts

EU Data Protection. To the extent that EU Law applies to the processing of personal data by Spectralink pursuant to this agreement, then you acknowledge that you are the controller and Spectralink is the processor of that personal data. You will ensure that all necessary appropriate consents and notices are in place to enable the lawful processing of personal data by you and Spectralink (and the Software provided by Spectralink pursuant to this Agreement) for the duration and purposes of this Agreement. Spectralink shall, in relation to any personal data processed in connection with the performance of this agreement: (i) process that personal data only on your written instructions unless Spectralink is required by the laws of any member of the European Union or by the laws of the European Union applicable to Spectralink to process personal data (“Applicable Laws”). Where Spectralink is relying on laws of a member of the European Union or European Union law as the basis for processing personal data, Spectralink shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Spectralink from so notifying you; (ii) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; (iii) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (iv) only transfer the personal data outside the European Economic Area in accordance with applicable EU Laws; (v) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under applicable EU Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (vi) notify you without undue delay on becoming aware of a personal data breach; (vii) at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the personal data; and (viii) maintain complete and accurate records and information to demonstrate its compliance with this term. You consent to Spectralink appointing third party processors of personal data under this agreement in order to provide the Software to you. Either party may, at any time on not less than thirty (30) days’ notice, revise this term by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

EU Data Protection. To the extent that EU Law applies to the processing of personal data by Spectralink pursuant to this agreement, then you acknowledge that you are the controller and Spectralink is the processor of that personal data. You will ensure that all necessary appropriate consents and notices are in place to enable the lawful processing of personal data by you and Spectralink (and the Software provided by Spectralink pursuant to this Agreement) for the duration and purposes of this Agreement. Spectralink shall, in relation to any personal data processed in connection with the performance of this agreement: (i) process that personal data only on your written instructions unless Spectralink is required by the laws of any member of the European Union or by the laws of the European Union applicable to Spectralink to process personal data (“Applicable Laws”). Where Spectralink is relying on laws of a member of the European Union or European Union law as the basis for processing personal data, Spectralink shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Spectralink from so notifying you; (ii) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; (iii) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (iv) only transfer the personal data outside the European Economic Area in accordance with applicable EU Laws; (v) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under applicable EU Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (vi) notify you without undue delay on becoming aware of a personal data breach; (vii) at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the personal data; and (viii) maintain complete and accurate records and information to demonstrate its compliance with this term. You consent to Spectralink appointing third party processors of personal data under this agreement in order to provide the Software to you. Either party may, at any time on not less than thirty (30) days’ notice, revise this term by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).;