are taken to mean services which relate directly to the provision of the main service. This does not include the foltowing ancillary services: e.g. telecommunication services, postal/transport services, maintenance and user support services or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing equipment. The Contractor, however, is obliged to make appropriate and legally binding contractual arrangements and take appropriate inspection measures to ensure the data protection and the data security of the Client's data, even in the case of outsourced ancillary services.
may commission subcontractors (additional contract processors) only after the Client's prior explicit, written or documented consent.
- The Client agrees to the commissioning of the subcontractors named in Annex 2 on the condition of a contractual agreement in accordance with Art. 28 paragraphs 2-4 GDPR:
- the Contractor notifies the Client of such outsourcing in writing or in text form in advance; and
- the Client has not objected to the planned outsourcing in writing or in text form to the Contractor by the date of the planned handing over of data; and
- the outsourcing has been based on a contractual agreement in accordance with Art. 28 paragraphs 2-4 GDPR.
- Where the Client objects to the change of subcontractor or outsourcing to a subcontractor, the Contractor is entitled to terminate the Performance Agreement with the Client within a period of two weeks to the end of the calendar month.
of the Client's personal data to the subcontractor and the subcontractor's commencement of data processing are only permitted if all requirements for subcontracting are met.
as the subcontractor provides the agreed service outside the EWEEA, the Contractor shall take suitable measures to ensure permissibility under data protection laws. The same applies insofar as service providers in the meaning of § 8 paragraph 1 sentence 2 of this Contract are to be used.
outsourcing by the subcontractor in the case of the Client's prior, general, written consent requires the express consent of the Main Contractor (at least in text form). All contractual provisions in the contract chain must also be imposed upon the other subcontractor.