Common use of Subcontractual relationships Clause in Contracts

Subcontractual relationships. Subcontractors may only be involved in the processing or use of the personal data of the Client if the following requirements are met: The engagement of subcontractors is generally only permitted with the prior written consent of the Client. The Contractor can, with the due diligence required by law and in compliance with its monitoring obligation as detailed in Point 5, engage group companies as well as, on a case-by-case basis, other subcontractors for performance of the Contract without having to obtain written consent, provided the Contractor notifies the Client of this before processing or use commences. The Contractor must arrange the contractual agreements with the subcontractor(s) in such a way that they correspond to the data protection provisions in the contractual relationship between the Client and the Contractor. For the purposes of this provision, subcontracting shall not be services provided by third parties that the Contractor makes use of as ancillary services in order to provide support during the performance of the agreement. These include, for example, telecommunication services, maintenance and user services, cleaning personnel, auditors, and the disposal of storage media. The Contractor is, however, obliged to enter into appropriate and legally compliant contractual agreements and to take other necessary control measures in order to guarantee the protection and security of the Client’s data, even in the case of subcontracted ancillary services.