Common use of RIGHTS AND OBLIGATIONS OF THE CONTROLLER Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE CONTROLLER. 1. The Controller shall be solely responsible for assessing the admissibility of the processing requested and for the rights of affected parties. 2. The Controller shall document all orders, partial orders or instructions. In urgent cases, instructions may be given verbally. These instructions will be immediately confirmed and documented by the Controller. 3. The Controller shall immediately notify the Processor if he finds any errors or irregularities when reviewing the results of the processing. 4. The Controller is entitled to appoint a third party independent auditor in the possession of the required professional qualifications and bound by a duty of confidentiality, which auditor must be reasonably acceptable to the Processor, to inspect Processor’s compliance with this Data Processing Agreement and the applicable data protection legislation required to determine the truthfulness and completeness of the statements submitted by the Processor under this Data Processing Agreement. Controller’s right to audit shall be subject to giving the Processor at least 4 weeks prior written notice of any such audit. The Controller shall bear any and all cost of the audit. 5. Inspections at the Processor’s premises must be carried out without any avoidable disturbances to the operation of his/her business. Unless otherwise indicated for urgent reasons, which must be documented by the Controller, inspections shall be carried out after appropriate advance notice and during the Processor’s business hours, and not more frequently than every 12 months. If the Processor provides evidence of the agreed data protection obligations being correctly implemented, any inspections shall be limited to samples.