CELEX: 
Language: en
Date: 2020-11-12
Title: COMMISSION IMPLEMENTING DECISION on standard contractual clauses between controllers and processors for the matters referred to in Article 28 (3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29 (7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council

COMMISSION IMPLEMENTING DECISION
            
            
               of XXX
            
            
               on standard contractual clauses between controllers and processors for the matters referred to in Article 28 (3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29 (7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR)
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               , and in particular Article 28(7) thereof, 
            
            
               Having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (EUDPR)
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               , and in particular Article 29(7) thereof,
            
            
               Whereas:
            
            
               (1)The concepts of controller and processor play a crucial role in the application of Regulation (EU) 2016/679 and of Regulation (EU) 2018/1725. The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purpose of Regulation (EU) 2018/1725, a controller means the Union institution or body or the directorate-general or any other organisational entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by a specific Union act, the controller or the specific criteria for its nomination can be provided for by the Union. A processor is the natural or legal person, public authority, agency or other body, which processes personal data on behalf of the controller.
            
            
               (2)The same set of standard contractual clauses should apply in respect of the relationship between data controllers and data processors subject to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, respectively. This is justified by the fact that, in the interest of a coherent approach to personal data protection throughout the Union and the free movement of personal data within the Union the data protection rules applicable to the public sector in the Member States and the data protection rules for Union institutions, bodies, offices and agencies were aligned as far as possible between Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. 
            
            
               (3)To ensure compliance with the requirements of Regulations (EU) 2016/679 and (EU) 2018/1725, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which meet the requirements of Regulation (EU) 2016/679  and Regulation (EU) 2018/1725 , including for the security of processing.
            
            
               (4)The processing by a processor is to be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the elements listed in Article 28(3) and (4) of Regulation (EU) 2016/679 or Article 29(3) and (4) of Regulation (EU) 2018/1725. That contract or act is in writing, including in electronic form.
            
            
               (5)In accordance with Article 28(6) of Regulation (EU) 2016/679 and Article 29(6) of Regulation (EU) 2018/1725, the controller and the processor may choose either to negotiate an individual contract containing the compulsory elements laid down in Article 28(3)  and (4) of Regulation (EU) 2016/679 or Article 29(3) and (4) of Regulation (EU) 2018/1725, respectively, or to rely, in whole or in part, on standard contractual clauses adopted by the Commission pursuant to Article 28(7) of Regulation (EU) 2016/679 and Article 29(7)of Regulation (EU) 2018/1725. 
            
            
               (6)The controller and processor should be free to include the standard contractual clauses laid down in this Decision in a wider contract, and to add other clauses or additional safeguards provided that they do not contradict, directly or indirectly, the standard contractual clauses or prejudice the fundamental rights or freedoms of data subjects. Reliance on the standard contractual clauses is notwithstanding any contractual obligations of the controller and or processor to ensure respect for applicable privileges and immunities.
            
            
               (7)The standard contractual clauses should provide for both substantive and procedural rules. Moreover, in line with Article 28(3) of Regulation (EU) 2016/679 and Article 29(3) of Regulation (EU) 2018/1725, the standard contractual clauses should require the controller and processor to set out the subject matter and duration of the processing, its nature and purpose, the type of personal data concerned, as well as the  categories of data subjects and the obligations and rights of the controller. 
            
            
               (8)Pursuant to Article 28(3) of Regulation (EU) 2016/679 and pursuant to Article 29(3) Regulation (EU) 2018/1725, the processor has to inform the controller immediately, if, in its opinion, an instruction of the controller infringes Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, respectively or other Union or Member State data protection provisions.
            
            
               (9)Where a processor engages another processor for carrying out specific activities, the specific requirements referred to in Article 28(2) and (4) of Regulation (EU) 2016/679 or Article 29(2) and (4) of Regulation (EU) 2018/1725 should apply. In particular, a prior written authorisation is required. Such authorisation could be specific or general. In both cases, the first processor should keep a list of other processors updated. 
            
            
               (10)To fulfil the requirements of Article 46(1) Regulation (EU) 2016/679, the Commission adopted standard contractual clauses pursuant to Article 46(2)(c) Regulation (EU) 2016/679. Those clauses also fulfil the requirements of Article 28(3) and (4) of Regulation (EU) 2016/679 for data transfers from controllers subject to Regulation (EU) 2016/679 to processors outside the territorial scope of application of that Regulation or from processors subject to Regulation (EU) 2016/679  to sub-processors outside the territorial scope of that Regulation. 
            
         
         
            
               (11)Third parties should be able to become a party to the standard contractual clauses  throughout the life cycle of the contract.
            
            
               (12)The operation of the standard contractual clauses should be evaluated in the light of experience, as sub-part of the periodic evaluation of Regulation (EU) 2016/679 referred to in Article 97 of that Regulation. 
            
            
               (13) [PLACEHOLDER: The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(1) and (2) of Regulation (EU) 2018/1725 and delivered a [joint opinion] on […]
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               , which has been taken into consideration in the preparation of this Decision.]
            
            
               (14)[PLACEHOLDER: The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 93 of Regulation (EU) 2016/679 and Article 96(2) of Regulation (EU) 2018/1725.
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The standard contractual clauses as set out in the Annex fulfil the requirements for contracts between the controller and the processor in Article 28(3) and (4) of Regulation (EU) 2016/679 and of Article 29(3) and (4) of Regulation (EU) 2018/1725.
            
            
               Article 2
            
            
               The standard contractual clauses as set out in the Annex may be used in contracts between a controller and a processor who processes personal data on its behalf, where the controller and the processor are subject to Regulation (EU) 2016/679 or Regulation (EU) 2018/1725. 
            
            
               Article 3
            
            
            
               The Commission shall evaluate the practical application of the standard contractual clauses set out in the Annex on the basis of all available information as part of the periodic evaluation provided for in Article 97 of Regulation (EU) 2016/679. 
            
            
               Article 4
            
            
               This Decision shall apply from …
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     Ursula VON DER LEYEN
               
               
                     The President 
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX 
            
            
            
               STANDARD CONTRACTUAL CLAUSES
            
            
            
               SECTION I
            
            
               Clause 1
            
            
               Purpose and scope 
            
            
               (a)The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Article 29(3) and (4) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.
            
            
               (b)The data controllers and data processors listed in Annex I ['The Parties’] have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and Article 29 (3) and (4) Regulation (EU) 2018/1725, which require the processing by a processor(s) to be governed by a contract. 
            
            
               (c)These Clauses apply with respect to the processing of personal data as specified in Annex II [Description of the Processing(s)].
            
            
               (d)Annexes I to VII form an integral part of the Clauses.
            
            
               Clause 2 
            
            
               Invariability of the Clauses 
            
            
               (a)The Parties undertake not to modify the Clauses. 
            
            
               (b)This does not prevent the Parties to include the standard contractual clauses laid down in this Clauses in a wider contract, and to add other clauses or additional safeguards provided that they do not contradict, directly or indirectly, the standard contractual clauses or prejudice the fundamental rights or freedoms of data subjects.
            
            
               Clause 3
            
            
               Interpretation
            
            
               (a)Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.
            
            
               (b)These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 respectively.
            
         
         
            
               (c)These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 respectively or prejudices the fundamental rights or freedoms of the data subjects.
            
            
               Clause 4
            
            
               Hierarchy
            
            
               In the event of a conflict between these Clauses and the provisions of any other agreement between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail. 
            
            
               Clause 5
            
            
               [DOCKING CLAUSE] – Optional
            
            
               (a)Any entity which is not a Party to the Clauses may, with the agreement of all the Parties, accede to these Clauses at any time either as a data controller or as a data processor by completing Annex I [list of Parties], Annex II [description of the processing(s)] and Annex III [technical and organisational measures].
            
            
               (b)Once Annex I is completed and signed, the acceding entity shall be treated as a Party to these Clauses and shall have the rights and obligations of a data controller or a data processor, in accordance with its designation in Annex I.
            
            
               (c)The acceding entity shall have no rights or obligations arising from the period prior to the date of signing Annex I.
            
            
               
            
               SECTION II – OBLIGATIONS OF THE PARTIES
            
            
               Clause 6 
            
            
               Description of processing(s)
            
            
               The details of the processing operations, and in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the data controller, are specified in Annex II.
            
            
               Clause7 
            
            
               Obligations of the Parties 
            
            
               (a)The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions are specified in Annex IV. Subsequent instructions may also be given by the data controller throughout the duration of the processing of personal data. Such instructions shall always be documented. 
            
            
               (b)The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.
            
            
            
               7.1. Purpose limitation
            
         
         
            
               The data processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II [Details of the processing operation].
            
            
            
               7.2. Erasure or return of data
            
            
               Processing by the data processor shall only take place for the duration specified in Annex II. 
            
            
               Upon termination of the provision of personal data processing services or termination pursuant to Section III Clause 10, the data processor shall 
            
            
               [OPTION 1] delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so / 
            
            
               [OPTION 2] return all the personal data to the data controller 
            
            
               and delete existing copies unless Union or Member State law requires storage of the personal data.
            
            
            
               7.3. Security of processing
            
            
               (a)The data processor shall implement the technical and organisational measures specified in Annex III to ensure the security of the personal data, including protection against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (personal data breach). In assessing the appropriate level of security, they shall in particular take due account of the risks involved in the processing, the nature of the personal data and the nature, scope, context and purposes of processing.
            
            
               In the event of a personal data breach concerning data processed by the data processor, it shall notify the data controller without undue delay and at the latest within 48h after having become aware of the breach. Such notification shall contain the details of a contact point where more information concerning the personal data breach can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and data records concerned), its likely consequences and the measures taken or proposed to be taken to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall be provided as it becomes available without undue delay.
            
            
               (b)The data processor shall cooperate in good faith with and assist the data controller in any way necessary to enable the data controller to notify, where relevant, the competent data protection authority and the affected data subjects, taking into account the nature of processing and the information available to the data processor.
            
            
               (c)The data processor shall grant access to the data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. The data processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. 
            
            
               7.4. Documentation and compliance
            
            
               (a)The Parties shall be able to demonstrate compliance with these Clauses.
            
            
               (b)The data processor shall deal promptly and properly with all reasonable inquiries from the data controller that relate to the processing under these Clauses.  
            
            
               The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations set out in these Clauses and that are stemming directly from Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 and at the data controller’s request, allow for and contribute to reviews of data files and documentation or of audits of the processing activities covered by these Clauses, in particular if there are indications of non-compliance.  
            
            
               (c)The data controller may choose to conduct the audit by itself, to mandate, at its own cost, an independent auditor or to rely on an independent audit mandated by the data processor. Where the data processor mandates an audit, it has to bear the costs of the independent auditor. Audits may also include inspections at the premises of the data processor and shall be carried out with reasonable notice. 
            
            
               (d)The data processor and data controller shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority on request.
            
         
         
            
               7.5. Special categories of personal data
            
            
               If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (special categories of data), the data processor shall apply specific restrictions and/or the additional safeguards laid down in Annex V.
            
            
               7.6. Use of sub-processors
            
            
               (a)OPTION 1 SPECIFIC PRIOR AUTHORISATION: The data processor shall not subcontract any of its processing operations performed on behalf of the data controller under these Clauses to a sub-processor, without its prior specific written agreement. The data processor shall submit the request for specific authorisation at least [SPECIFY TIME PERIOD] prior to the engagement of the concerned sub-processor. The list of sub-processors already authorised by the data controller can be found in Annex VI. The Parties shall keep Annex VI up to date.
            
            
               OPTION 2: GENERAL WRITTEN AUTHORISATION The data processor has the data controller’s general authorisation for the engagement of sub-processors. The list of sub-processors the data processor intend to engage is be found in Annex VI. The data processor shall inform in writing the data controller of any intended changes of that list through the addition or replacement of sub-processors at least [SPECIFY TIME PERIOD] in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). The Parties shall keep Annex VI up to date.  
            
            
               (b)Where the data processor engages a sub-processor for carrying out specific processing activities (on behalf of the data controller), it shall do so by way of a contract which imposes on the sub-processor the same obligations as the ones imposed on the data processor under these Clauses. The data processor shall ensure that the sub-processor complies with the obligations to which the data processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 / Regulation (EU) 2018/1725.
            
            
               (c)The data processor shall provide, at the data controller’s request, a copy of such a sub-processor agreement and subsequent amendments to the data controller.
            
            
               (d)The data processor shall remain fully responsible to the data controller for the performance of the sub-processor’s obligations under its contract with the data processor. The data processor shall notify the data controller of any failure by the sub-processor to fulfil its obligations under that contract.
            
            
               7.7. International transfers
            
            
               (a)Any transfer of data to a third country or an international organisation by the data processor shall be undertaken only on the basis of documented instructions from the data controller listed in Annex IV and shall take place in compliance with Chapter V of Regulation (EU) 2016/679. 
            
            
               (b)The data controller agrees that where the data processor engages a sub-processor in accordance with  Clause 7.6. for carrying out specific processing activities (on behalf of the data controller) in a third country and those processing activities involve transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor may use standard contractual clauses adopted by the Commission on the basis of Article 46(2) of Regulation (EU) 2016/679 in order to comply with the requirements of Chapter V of Regulation (EU) 2016/679, provided the conditions for the use of those clauses are met. 
            
            
               Clause 8
            
            
               Data subject rights 
            
            
               (a)The data processor shall promptly notify the data controller about any request received directly from the data subject. It shall not respond to that request itself, unless and until it has been  authorised to do so by the data controller.
            
            
               (b)The data processor shall assist the data controller in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights, namely: 
            
            
               (1)the right to be informed when personal data are collected from the data subject,
            
            
               (2)the right to be informed when personal data have not been obtained from the data subject,
            
            
               (3)the right of access by the data subject,
            
            
               (4)the right to rectification,
            
            
               (5)the right to erasure (‘the right to be forgotten’),
            
         
         
            
               (6)the right to restriction of processing,
            
            
               (7)the notification obligation rectification or erasure of personal data or restriction of processing,
            
            
               (8)the right to data portability,
            
            
               (9)the right to object, 
            
            
               (10)the right not to be subject to a decision based solely on automated processing, including profiling.
            
            
               (c)In addition to the data processor’s obligation to assist the data controller pursuant to Clause 8(b), the data processor shall furthermore assist the data controller in ensuring compliance with the following obligations, taking into account the nature of the processing and the information available to the data processor:
            
            
               (1)The obligation to notify a personal data breach to the competent supervisory authority [INDICATE THE NAME OF THE COMPETENT DPA] without undue delay after having become aware of it, (unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons); 
            
            
               (2)the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
            
            
               (3)the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
            
            
               (4)the obligation to consult the competent supervisory authority [INDICATE THE NAME OF THE COMPETENT DPA] prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
            
            
               (d)The Parties shall set out in Annex VII the appropriate technical and organisational measures by which the data processor is required to assist the data controller in the application of this Clause as well as the scope and the extent of the assistance required. 
            
            
               Clause 9
            
            
               Notification of personal data breach
            
            
               In the event of a personal data breach, the data processor shall cooperate in good faith with and assist the data controller in any way necessary for the data controller to comply with its obligations under Articles 33 and 34 Regulation (EU) 2016/679 or under Articles 34 and 35 Regulation (EU) 2018/1725, taking into account the nature of processing and the information available to the processor.
            
            
            
               (a)In accordance with Clause 8(b) the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, where relevant [INDICATE THE NAME OF THE COMPETENT DPA]. The data processor shall be required to assist in obtaining in particular the following information which, pursuant to Article 33(3) Regulation (EU) 2016/679 or under Articles 34(3) Regulation (EU) 2018/1725, shall be stated in the data controller’s notification:   
            
            
               (1)The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;  
            
            
               (2)the likely consequences of the personal data breach;  
            
            
               (3)the measures taken or proposed to be taken by the data controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.  
            
            
               (b)The Parties shall set out in Annex VII all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.
            
         
         
            
               SECTION III – FINAL PROVISIONS
            
            
               Clause 10 
            
            
               Termination
            
            
               (a)Without prejudice to any provisions of Regulation (EU) 2016/679 / Regulation (EU) 2018/1725, in the event that the data processor is in breach of its obligations under these Clauses, the data controller may instruct the data processor to temporarily suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The data processor shall promptly inform the data controller in case it is unable to comply with these Clauses, for whatever reason.
            
            
               (b)The data controller shall be entitled to terminate these Clauses where:
            
            
               (1)the processing of personal data by the data processor has been temporarily suspended by the data controller pursuant to point (a) and compliance with these Clauses is not restored within a reasonable time  and in any event within one month;
            
            
               (2)the data processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 / Regulation (EU) 2018/1725; 
            
            
               (3)the data processor fails to comply with a binding decision of a competent court or the competent supervisory authority [INDICATE THE COMPETENT DPA] regarding its obligations under these Clauses or under Regulation (EU) 2016/679 / Regulation (EU) 2018/1725.
            
            
               
            
            
               ANNEX I LIST OF PARTIES
            
            
            
               Data controller(s): [Identity and contact details of the data controller(s), and, where applicable, of the data controller’s representative in the Union designated pursuant to Article 27 Regulation (EU) 2016/679]
            
            
            
               1. Name: …
            
            
               Address: …
            
            
               Contact person’s name, position and contact details: …
            
            
               Signature and accession date: …
            
            
            
               2.
            
         
         
            
               …
            
            
            
               Data processor(s): [Identity and contact details of the data processor(s)]
            
            
               1. Name: …
            
            
               Address: …
            
            
               Contact person’s name, position and contact details: …
            
            
               Signature and accession date: …
            
            
            
               2.
            
            
               …
            
            
            
               
            
               ANNEX II: DESCRIPTION OF THE PROCESSING
            
            
            
               Purpose(s) for which the personal data is processed on behalf of the controller
            
            
            
               Duration of the processing
            
            
            
               Categories of data subjects whose personal data is processed
            
            
               ………………………..
            
         
         
            
               Categories of personal data processed
            
            
               ………………………..
            
            
               Special categories of personal data processed (if applicable) 
            
            
            
               Record(s) of processing
            
            
            
               Place of storage and processing of data   
            
            
               …………………………………………………..
            
            
               ………………………..
            
            
               ………………………..
            
            
               
            
               ANNEX III TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
            
            
            
               Description of the technical and organisational security measures implemented by the data processor(s) 
            
            
            
               [TAKING INTO ACCOUNT THE NATURE, SCOPE, CONTEXT AND PURPOSES OF THE PROCESSING ACTIVITY AS WELL AS THE RISK FOR THE RIGHTS AND FREEDOMS OF NATURAL PERSONS, DESCRIBE ELEMENTS THAT ARE ESSENTIAL TO THE LEVEL OF SECURITY]
            
            
               Where necessary: 
            
            
               [DESCRIBE REQUIREMENTS FOR PSEUDONYMISATION AND ENCRYPTION OF PERSONAL DATA]
            
            
            
               [DESCRIBE REQUIREMENTS FOR ENSURING ONGOING CONFIDENTIALITY, INTEGRITY, AVAILABILITY AND RESILIENCE OF PROCESSING SYSTEMS AND SERVICES]
            
         
         
            
            
               [DESCRIBE REQUIREMENTS FOR THE ABILITY TO RESTORE THE AVAILABILITY AND ACCESS TO PERSONAL DATA IN A TIMELY MANNER IN THE EVENT OF A PHYSICAL OR TECHNICAL INCIDENT]
            
            
            
               [DESCRIBE REQUIREMENTS FOR PROCESSES FOR REGULARLY TESTING, ASSESSING AND EVALUATING THE EFFECTIVENESS OF TECHNICAL AND ORGANISATIONAL MEASURES FOR ENSURING THE SECURITY OF THE PROCESSING]
            
            
            
               [DESCRIBE REQUIREMENTS FOR USERS INDENTIFICATION AND AUTHORISATION] 
            
            
               [DESCRIBE REQUIREMENTS FOR THE PROTECTION OF DATA DURING TRANSMISSION]
            
            
            
               [DESCRIBE REQUIREMENTS FOR THE PROTECTION OF DATA DURING STORAGE]
            
            
            
            
               [DESCRIBE REQUIREMENTS FOR PHYSICAL SECURITY OF LOCATIONS AT WHICH PERSONAL DATA ARE PROCESSED]
            
            
            
            
               [DESCRIBE REQUIREMENTS FOR EVENTS LOGGING]
            
            
            
               [DESCRIBE REQUIREMENTS FOR SYSTEM CONFIGURATION, INCLUDING DEFAULT CONFIGURATION]
            
            
            
               [DESCRIBE REQUIREMENTS FOR INTERNAL IT AND IT SECURITY GOVERNANCE AND MANAGEMENTS]
            
            
         
         
            
               [DESCRIBE REQUIREMENTS FOR CERTIFICATION / ASSURANCE OF PROCESSES AND PRODUCTS]
            
            
            
               [DESCRIBE REQUIREMENTS FOR DATA AVOIDANCE AND MINIMISATION]
            
            
            
               [DESCRIBE REQUIREMENTS FOR DATA QUALITY]
            
            
            
               [DESCRIBE REQUIREMENTS FOR DATA RETENTION]
            
            
            
               [DESCRIBE REQUIREMENTS FOR ACCOUNTABILITY]
            
            
            
               [DESCRIBE REQUIREMENTS FOR DATA PORTABILITY AND DATA DISPOSAL]
            
            
               
            
               ANNEX IV: INSTRUCTIONS FROM THE DATA CONTROLLER CONCERNING THE PROCESSING OF PERSONAL DATA 
            
            
            
            
               ANNEX V: SPECIFIC RESTRICTIONS AND/OR ADDITIONAL SAFEGUARDS CONCERNING DATA OF SPECIAL CATEGORY
            
            
               For special categories of personal data processed mentioned in Annex II restrictions or safeguards applied such as: 
            
            
               access restrictions, 
            
            
               keeping a record of access to the data, 
            
            
               restrictions of the purposes for which the information may be processed, 
            
         
         
            
               additional security measures (e.g. strong encryption for transmission), 
            
            
               requirement of specialised training for staff allowed to access the information
            
            
            
            
               ANNEX VI: LIST OF SUB-PROCESSORS
            
            
            
            
            
               ANNEX VII: APPROPRIATE TECHNICAL AND ORGANISATIONAL MEASURES BY WHICH THE DATA PROCESSOR IS REQUIRED TO ASSIST THE DATA CONTROLLER