Non-compliance with the Clauses and termination Sample Clauses
The 'Non-compliance with the Clauses and termination' clause defines the consequences and procedures that apply if a party fails to adhere to the terms set out in the agreement. Typically, this clause outlines the steps the non-breaching party may take, such as providing notice of the breach, allowing a period for remedy, and ultimately permitting termination of the contract if the breach is not resolved. Its core function is to provide a clear mechanism for addressing breaches, ensuring that parties have a structured process for enforcement and, if necessary, a way to exit the agreement when compliance cannot be achieved.
Non-compliance with the Clauses and termination. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
Non-compliance with the Clauses and termination. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason. In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f). The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where: the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension; the data importer is in substantial or persistent breach of these Clauses; or the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses. In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law. Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligation...
Non-compliance with the Clauses and termination. Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
Non-compliance with the Clauses and termination. (a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph
Non-compliance with the Clauses and termination. 16.1 The Data Importer shall promptly inform the Data Exporter if it is unable to comply with these clauses, for whatever reason.
16.2 In the event that the Data Importer is in breach of these clauses or unable to comply with these clauses, the Data Exporter shall suspend the transfer of personal data to the Data Importer until compliance is again ensured or the contract is terminated. This is without prejudice to clause 14.6.
16.3 The Data Exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these clauses, where:
16.3.1 the Data Exporter has suspended the transfer of personal data to the Data Importer pursuant to paragraph 16.2 and compliance with these clauses is not restored within a reasonable time and in any event within one month of suspension;
16.3.2 the Data Importer is in substantial or persistent breach of these clauses; or
16.3.3 the Data Importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these clauses. In these cases, it shall inform the competent supervisory authority of such non- compliance. Where the contract involves more than two Parties, the Data Exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
16.4 Personal data that has been transferred prior to the termination of the contract pursuant to paragraph
Non-compliance with the Clauses and termination. Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason. The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if: the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension; the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions. Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses. Controller(s): [Identity and contact details of the controller(s), and, where applicable, of the controller’s data protection officer] | Name ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | Address ▇▇▇▇▇▇▇▇▇ ▇▇▇▇/▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇. No. 75263815 Signature and accession date: March 17, 2022 Categories of data subjects whose personal data is processed Processor processes personal data of the users of the Software. This can be ● Admin Users (persons who are entitled to manage ...
Non-compliance with the Clauses and termination. Suspension of the processing activity
Non-compliance with the Clauses and termination a) Without prejudice to any provisions of the Applicable Data Protection Legislation, in the event that the processor is in breach of its obligations under this DPA, the controller may instruct the processor to suspend the processing of personal data until the latter complies with this DPA.
b) This DPA is effective as of the Effective Date and will continue for the entire duration of the Main Agreement, and as long as the processor continues to process Personal Data for the Customer.
c) This DPA may be terminated by the either Party upon written notice with immediate effect, in case of the other Partyʼs material breach of the DPA and/or for legitimate cause. This Agreement will terminate immediately upon termination of the Main Agreement. Customer understands and accepts that upon termination of this DPA, the Platform functionalities may be impacted.
d) Unless otherwise agreed between the Parties in, or in accordance with, the Main Agreement, termination of this DPA will not cause the immediate termination of the Main Agreement.
e) Following termination of the DPA, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all existing personal data to the controller and delete existing copies unless the Applicable Data Protection Legislation requires storage of the personal data. Customer: as defined in the Main Agreement Contact personʼs name: the controllerʼs contact is identified in the Main Agreement SaleSqueze: as defined in the Main Agreement Contact personʼs name: the controllerʼs contact is identified in the Main Agreement as the person signing it