Common use of Other Processors Clause in Contracts

Other Processors. 8.1. The Client hereby gives its consent to the processing of the data by the companies specifically defined in ANNEX 2 (list of affiliated companies of the Anexia group of companies) as other processors, insofar as this is necessary for the services to be provided in accordance with the contracts. In this context, the Contractor undertakes to fully transfer the legal and all contractual data protection obligations to these other processors within the group of companies. For this purpose, Anexia has established "Corporate Binding Rules" in the form of a framework agreement on data protection and order processing as a binding written contractual legal act, a group-wide data protection guideline that is binding for all employees and commissioned persons, as well as a Data Protection Management System (DPMS). 8.2. The use of subcontractors or sub-service providers as other processors is only permitted if the Client has given its prior written consent. The provision on subcontractors in offers or contracts between the Client and the Contractor shall have priority over this provision and shall represent such written consent of the Client. 8.3. In addition to the specific determination of affiliated companies of the Anexia group of companies pursuant to clause 8.1, all subcontractors subject to approval who act as other processors for the Client are also listed in ANNEX 2 and are deemed to have been approved in writing by the conclusion of the present agreement. 8.4. A subcontractor relationship as other processor pursuant to clause 8.2 exists if the Contractor commissions other companies to perform all or part of the service agreed in the contracts between the Client and the Contractor and the core activity consists of the processing of personal data of the Client as controller. A subcontractor relationship that is not subject to approval is the mere provision of subordinate ancillary services where the core activity is not the commissioned processing of personal data (e.g. pure provision of infrastructure, telecommunications, postal or cleaning services, physical security or guard services). 8.5. If the Contractor places orders with other processors after having received the Client's written consent, the Contractor shall be obligated to fully transfer all legal and contractual data protection obligations to which it is subject to the Client to these other processors.