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CONTRACT FOR THE PROCESSING OF PERSONAL DATA NO. _________
On the day, month and year speci ed below, the company DataCamp Limited, with registered of ce at 9
Coldbath Square, EC1R 5HL, London, United Kingdom, company number 07489096
Represented by:
(‘Provider’)
And
Company name:
Registered of ce:
Company ID:
Email address:
Registered in:
Represented by:
(‘User’)
Concluded this CONTRACT FOR THE PROCESSING OF PERSONAL DATA pursuant to Article 28(3)
and 28(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 Repealing Directive 95/46/EC (General Data Protection Regulation) (‘Regulation’).
The parties are in contractual relationships on the basis of the contract _________ dated _________ (collectively
‘Relevant Contractual Relationships’). Given that, on the basis of Relevant Contractual Relationships, the
Provider may be processing personal data, the User hereby authorises the Provider in accordance with the
Regulation to process personal data under the conditions speci ed below.
Clause A. Information on personal data and its processing
Status of User when User has designated a Period of processing of Nature of processing of
processing personal data protection of cer p e r s o n a l d a t a b y t h e personal data
data Provider
Controller Yes/No For as long as this Contract By processes of arranging,
(clause B of this Contract) is saving, adjusting, restriction
effective. or deletion.
Purpose of processing of personal data by the Type of personal data processed by Category of data
User the Provider subject
Performance of contracts between the User and IP address, User-agent, Cookies, Customers of the
data subjects (customers of the User). Referrer data, geolocation User
Clause B. Duration of contract
This Contract becomes valid on conclusion and becomes effective on the day of the conclusion of Relevant
Contractual Relationships. This Contract is concluded for as long as Relevant Contractual Relationships are
effective. If Relevant Contractual Relationships cease to be effective (for any reason), this Contract shall
be discharged.
Clause C. Other provisions
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Other rights and obligations of the parties arising from this Contract are speci ed in Schedule no. 1, which forms
an inseparable part of this Contract.
This Contract is executed in two (2) counterparts. Each contractual party shall receive one (1) counterpart. The
parties to this Contract have read its content, they declare that they understand it and as proof thereof they attach
their signatures.
Signatures of parties:
In _________ on _________ In _________ on _________
__________________________ __________________________
Provider User
DataCamp Limited _________
_________, _________ _________, _________
SCHEDULE NO. 1 – OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Provider shall process personal data solely on the basis of the User’s veri ed instructions, including
instructions with regard to the transfer of personal data to a third country or to an international
organisation, unless the Provider is already required to carry out such processing on the basis of Union
law or the law of the member state that the Provider is subject to. In such a case, the Provider shall
inform the User of that legal requirement before processing, unless that law prohibits such information
on important grounds of public interest. The User’s instructions may be contained in this Contract or
form part of Relevant Contractual Relationships. Personal data will be processed by the Provider
exclusively within the EU, unless otherwise instructed by the User in writing.
2. Unless expressly agreed otherwise with the Provider, the Provider shall not have access to information
contained in a special category of personal data within the meaning of Article 9 of the Regulation, i.e.
personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs,
trade union membership, genetic or biometric data, data concerning health or data concerning a natural
person’s sex life or sexual orientation.
3. Personal data shall be processed automatically for as long as Relevant Contractual Relationships are
effective. After sixty days after this Contract has been discharged, the Provider shall delete all personal
data in their possession (this is the User’s instruction), unless generally binding legislation requires that
the respective personal data be archived further.
4. To the extent laid down by generally binding legislation, the Provider undertakes to implement
measures preventing unauthorised or accidental access to personal data, its change, destruction or loss,
unauthorised transmission, other unauthorised processing or other misuse of personal data. Taking into
account the state of the art, the costs of implementation and the nature, scope, context and purposes of
processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural
persons, the Provider shall implement appropriate technical and organisational measures to ensure a
level of security appropriate to the relevant risk. The User acknowledges and agrees that the security of
computer programs potentially located on the Provider’s devices is considerably dependent on the
selection of the computer program(s) by the User, including the up-to-dateness of such computer
program(s). The Provider may not be the author of such computer program(s) and their development is
secured by third parties. The User acknowledges and agrees that it shall be fully liable for any security
risks resulting from the User not implementing technical measures recommended to them by the
Provider for the purpose of securing personal data whilst this Contract is effective.
5. At the time of conclusion of this contract, the Provider does not expect to include other processors in
the processing of personal data. The Provider shall not include any other processors in the processing of
personal data without prior speci c or general written consent of the User. The Provider shall inform
the User of all intended changes relating to the hiring of other processors or their replacement and shall
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thus provide the User with an opportunity to raise objections against such changes. If the Provider hires
another processor of personal data in order to carry out some activities of data processing in the name of
the User, such further processor must be obligated on the basis of a contract to comply with the same
data protection obligations as those speci ed in this Contract, in particular the provision of suf cient
guarantees with regard to the implementation of suitable technical and organisational measures so that
the processing of personal data complies with the requirements of the Regulation.
6. The Provider shall take into account the nature of processing of personal data. The Provider shall assist
the User by way of appropriate technical and organisational measures if possible to comply with the
User’s obligations to respond to requests to exercise the rights of data subjects speci ed in Section III
of the Regulation, at the User’s expense. The Provider shall pass on to the User without undue delay
any requests to exercise the rights of data subjects made to the Provider.
7. The Provider undertakes to treat the processing of personal data con dential. The Provider undertakes
to ensure compliance with the con dentiality obligation regarding the processing of personal data on
the part of their employees and other persons working with personal data.
8. The Provider shall assist the User to ensure compliance with duties laid down by Articles 32 to 36 of
the Regulation, i.e. when taking into account the nature of processing of personal data and information
available to the Provider, at the User’s expense.
9. The Provider undertakes to provide to the User, at the User’s expense, all information necessary in
order to show that obligations speci ed in this Contract have been complied with and shall facilitate
personal data audits at the User’s expense, including inspections carried out by the User or another
auditor authorised by the User, and that it shall contribute to such audits including notifying the User
that, in the Provider’s opinion, the User’s instruction breaches generally binding obligations in the eld
of personal data protection. Notwithstanding the above, the contractual parties have agreed that the
Provider may not provide and shall not provide the User with such access to the Provider’s server(s),
which would lower the level of security of the Provider’s other contractual partners’ data or which
would lower the level of security of personal data or other data secured by the Provider including cases
that would lead to the Provider’s server(s) being compromised. A separate agreement of the parties shall
specify the amount of the Provider’s remuneration for the provision of cooperation in accordance with
this clause.
10. The User shall process personal data in accordance with regulation in the eld of personal data
protection, including ensuring an appropriate legal basis for the processing of personal data. In the
event that the Provider incurs loss in connection with the User’s unlawful conduct in the eld of
personal data protection (including public law sanctions or expenses, and the Provider’s expenses in
connection with such unlawful conduct), the User shall compensate the Provider for such loss no later
than within thirty (30) days of the loss being incurred.
11. In the event that the User incurs loss in connection with the Provider‘s liability arising from this
Contract, unless the Provider has caused the loss intentionally or by gross negligence, the contractual
parties have agreed, taking account of the terms of this Contract, to limit compensation for this potential
loss incurred by the User (including loss arising in consequence of administrative penalties) so that the
total compensation for loss shall not exceed the amount in reality paid by the User to the Provider on
the basis of Relevant Contractual Relationships for the three months preceding such loss being incurred.
The contractual parties state, taking account of all circumstances of the conclusion of this Contract, that
the total foreseeable loss (including loss arising in consequence of administrative penalties) which may
be incurred by the User as a result of a breach of this Contract by the Provider shall not exceed the
amount in reality paid by the User to the Provider on the basis of Relevant Contractual Relationships
for the three months preceding such loss being incurred.
12. This Contract, as well as the rights and obligations arising from this Contract or in connection with it,
shall be governed by Czech law. The parties agree to the jurisdiction and competence of the courts
of the Czech Republic
13. This Contract may be amended by way of a written agreement of the contractual parties; amendment in
a form which is less strict shall be excluded.
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