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1. Please reference the Order Agreement for opt in and customer details (Customer); and
2. Documo, a company incorporated in Delaware, United States, with a place of business at (the Processor),
each a Party and together the Parties.
(A) The Client and the Processor are party to the Subscription Agreement dated clearly on the Order Agreement (the Agreement).For the avoidance of doubt, the Agreement includes any other agreement that is incorporated into the Agreement or is entered into in connection with the Agreement.
(B) The Parties agree that in order to comply with the Data Protection Legislation (as defined below) and allow the processing and movement of Client Personal Data (as defined below), they are entering into and will comply with the terms of this Data Processing Agreement (DPA).
In this DPA:
Client Personal Data means the Personal Data Processed by Processor pursuant to the Agreement and this DPA.
Data Protection Legislation means any laws and regulations relating to privacy or the use or processing of data relating to natural persons, including but not limited to: (a) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (b) EU Regulation 2016/679 (“GDPR“) and (c) any laws or regulations ratifying, implementing, adopting, supplementing or replacing the GDPR, (including in the UK) the Data Protection Act 2018 (“DPA”); in each case, to the extent in force, and as such are updated, amended or replaced from time to time; and (d) any guidance or codes of practice issued by a Supervisory Authority in each case, to the extent in force, and as such are updated, amended or replaced from time to time and, to the extent applicable, the data protection or privacy/health information laws of any other country.
Data Subject has the meaning set out in the Data Protection Legislation;
EEA means the European Economic Area;
Permitted Sub-Processors means the sub-processors listed in Schedule 2 or approved by the Client pursuant to clause 3.1;
Personal Data has the meaning set out in the Data Protection Legislation;
Processing has the meaning set out in the Data Protection Legislation (and Process and Processed shall be construed accordingly);
Relevant Country means all countries other than those within the European Union or EEA and countries in respect of which an adequacy finding under Article 25(6) of the European Data Protection Directive or Article 45 of the GDPR has been given;
Restricted Transfer means a transfer of Personal Data to a Relevant Country;
Security Breach means an actual or suspected acquisition, destruction, loss, misappropriation, or unauthorized access to, disclosure, use or modification of Client Personal Data or other compromise of the security, confidentiality or integrity of Client Personal Data as a result of access to such Client Personal Data within a RLS environment or that of its Permitted Sub-Processors.
Services shall mean the services, technology or other products provided by the Processor under the Agreement;
Standard Contractual Clauses means the Standard Contractual Clauses set out in the European Commission’s Decision 2010/87/EU of 5 February 2010 (as may be amended, updated or superseded from time to time) as set out in Schedule 3; and
Supervisory Authority means any local, provincial, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering the Data Protection Legislation.
2.1 The Client instructs the Processor to Process Client Personal Data as reasonably necessary for the provision of the Services and consistent with the Agreement. The details of such Processing are set out in Schedule 1 (Data Processing Activities) to this DPA.
2.2 This DPA is hereby incorporated into the Agreement. If any provision of the Agreement conflicts with any provision of this DPA, the provision of this DPA shall take precedence only to the extent of the inconsistency.
2.3 The Processor shall:
2.3.1 only Process Client Personal Data as set forth in this DPA, the Agreement and on other documented instructions of the Client from time to time;
2.3.2 ensure that any personnel that Processes Client Personal Data are bound by obligations of confidentiality or are under an appropriate statutory obligation of confidentiality;
2.3.3 ensure that any personnel that Processes Client Personal Data has undergone adequate training in data protection and the handling of personal data and that such training is repeated or updated at least once annually;
2.3.4 taking into account the state of the art, the costs of mplementation and the nature, scope, context and purposes of the Processing aswell as the risk of varying likelihood and severity for the rights and freedomsof Data Subjects, in relation to Client Personal Data implement appropriatetechnical and organizational measures to ensure a level of security appropriateto that risk, including, as appropriate, the measures referred to in Article32(1) of the GDPR and applicable Data Protection Legislation; and
2.3.5 taking into account the nature of the Processing and the information available to the Processor, assist the Client to comply with its obligations under Articles 32 to 36 of the GDPR and applicable Data Protection Legislation.
2.4 Where the Processing involves a Restricted Transfer ofClient Personal Data, the Parties shall work together to ensure that theStandard Contractual Clauses apply to such Restricted Transfer in compliancewith all applicable Data Protection Legislation.
3.1 All additional sub processors will be listed on this link https://www.documo.com/subprocessors. The Processor shall not engage a sub-processor without adding them to this page for which Client can subscribe to.
3.2 The Processor shall impose, by way of contract, the samedata protection obligations as set out inthis DPA with each Permitted Sub-Processor, in particular providing sufficientguarantees to implement appropriate technical and organizational measures insuch a manner that the Processing will meet the requirements of the DataProtection Legislation and clause 2.3.3.
4.1 The Processor shall:
4.1.1 immediately refer to the Client any individual who contacts the Processor or any of its Permitted Sub-Processors seeking access or correction to, or with any enquiries or complaints about, his or her Personal Data;
4.1.2 immediately notify the Client if it, or any of its Permitted Sub-Processors, receives any such request, enquiry or complaint; and
4.1.3 taking into account the nature of the Processing, assist the Client by appropriate technical and organizational measures to provide, in a timely manner, all reasonable co-operation, assistance, information and access to Client Personal Data in its possession, custody or control as is necessary for the Client to promptly (and, in any event, within any timeframe required by the Data Protection Legislation) respond to such request, enquiry or complaint. The Processor's obligations under this clause 4.1.3 include, without limitation, enabling (a) the deletion of Client Personal Data of a single Data Subject record or multiple Data Subject records; (b) provision of access to Client Personal Data; (c) providing a copy of Client Personal Data;(d) the rectification of Client Personal Data; (e) the restriction of processing of Client Personal Data; and (f) portability of Client Personal Data.
5.1 The Processor shall:
5.1.1 notify the Client in writing of a Security Breach promptlyand without undue delay (not to exceed 48 hours) after the Processor internallyconfirms existence of Security Breach;
5.1.2 promptly investigate each Security Breach and assist the Client and any third party retained by the Client in connection with any investigation that Client may wish to conduct with respect to such Security Breach; and
5.1.3 take all reasonable steps requested by the Client to limit, stop or otherwise remedy any Security Breach, which may include development and execution of a written plan, subject to the Client‘s approval, to reduce the likelihood of a recurrence of a Security Breach.
5.2 Unless required by the Data Protection Legislation, the Processor shall not notify any Data Subject whose Personal Data may have been affected by a Security Breach or any third party other than law enforcement of any Security Breach without first consulting with, and obtaining the prior written consent of, the Client.
5.3 Subject to clause 5.4, the notification referred to atclause 5.1.1 shall, at a minimum:
5.3.1 describe the nature of the Security Breach, the categories and numbers of Data Subjects concerned, and the categories and numbers of Client Personal Data records concerned;
5.3.2 communicate the name and contact details of the Processor’s or relevant Permitted Sub-Processor’s data protection officer or other contact point from whom more information can be obtained;
5.3.3 describe the likely consequences of the Security Breach; and
5.3.4 describe the measures taken or proposed to be taken to address the Security Breach.
5.4 Following the notification referred to in clause 5.1.1,the Processor shall promptly (and, with regard to 5.4.1 below, not more than forty-eight (48) hours from the initial notification), provide any further information regarding the Security Breach that:
5.4.1 is necessary to enable the Client to meet its notificationobligations to the Supervisory Authority;
5.4.2 is necessary to enable the Client to meet its other obligations under Data Protection Legislation;
5.4.3 is relevant to enable the Client to fully understand and asses the cause of the Security Breach; or
5.4.4 is otherwise reasonably requested by the Client.
5.5 Any Security Breach or any other breach of the Processor’s obligations under this DPA (including a breach by Processor’s sub-processors)shall constitute a material breach of the Agreement., including the failure to procure that a Permitted Sub-Processor complies with its corresponding obligations under the contract entered into with the Processor in accordance with clause 3.2.
6.1 The Processor shall provide reasonable assistance to the Client with any data protection impact assessments, and prior consultations with a Supervisory Authority or other competent data privacy authorities, which the Client reasonably considers to be required of the Client by Articles 35 and 36 of the GDPR or equivalent provisions of any other Data Protection Legislation, taking into account the nature of the Processing and information available to the Processor.
7.1 Subject to clauses 7.2 and 7.3, the Processor shallpromptly and in any eventwithin 30 days afterthe date of cessation of any Services involving the Processing of Personal Data(the “Cessation Date”) delete, return or procure the deletion of all copies of the Client Personal Data subject to Client’s reasonable direction and instructions.
7.2 Subject to clause 7.3, the Client may in its absolutediscretion by written notice to the Processor at any time require the Processorto:
7.2.1 return a complete copy of all the Client Personal Data to the Client by secure file transfer in such format as is reasonably notified by the Client to the Processor; or
7.2.2 delete and procure the deletion of all other copies of the Client Personal Data Processed by the Processor and its Permitted Sub-Processors.
7.3 The Processor shall certify in writing to the Client that it and its Permitted Sub-Processors have complied with its obligations under this clause 7 within 30 days of either (a) the Cessation Date or (b) receipt of the Client’s instruction under clause 7.2, as applicable.
8.1 The Processor shall:
8.1.1 provide the Client with such information as may be reasonably requested by the Client from time to time with respect to the Processor’s compliance with its obligations under this DPA including, without limitation, if available, the results of any audits or tests performed on the Processor’s information systems or security controls or on any components thereof;
8.1.2 permit the Client (or a certified third-party accounting firm chosen by the Client) and any competent Supervisory Authority to audit the Processor’s systems, records, procedures, privacy, confidentiality and security controls upon reasonable advance written notice, during regular business hours, remotely from the Client’s offices, reimbursed to Processor at Client’s expense at a reasonable market rate, for the purpose of verifying the Processor’s compliance with this DPA, and shall, in connection therewith, provide to the Client or any such other third party or Supervisory Authority, in a timely manner, all necessary and reasonable information and co-operation; Processor reserves the right to censor or redact any materials which may be considered confidential; and
8.1.3 upon request by the Client, but no more than once per calendar year during the term of this DPA, deliver to the Client a statement signed by the Processor certifying in writing that the Processor has, in respect of the previous twelve month period: (a) developed privacy compliance processes designed to ensure its compliance with the terms of this DPA or that such processes previously developed remain in effect; and (b) complied in all material respects with the requirements of this DPA.
Governing law and jurisdiction
9.1 This DPA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Delaware, United States.
9.2 Each Party irrevocably agreed that the courts of Delaware, United States shall be exclusive jurisdiction to settle any dispute or claim(including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Order of Precedence
9.3 Nothing in this DPA reduces the Processor’s obligations under the Agreement or permits the Processor to Process (or permit the Processing of) Client Personal Data in a manner which is prohibited by the Agreement.
9.4 In the event of inconsistencies between the provisions of this DPA and any other agreements between the Parties, including agreements entered into or purported to be entered into after the date of this DPA and which are not expressed to amend this DPA or take precedence over it, the provisions of this DPA shall prevail to the extent of the inconsistency only.
Severance
9.5 Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the Parties’ intensions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained herein.
Notices
9.6 Subject to clause 7, any communication required or otherwise made under this DPA shall be made to a Party in accordance with section 8.6 of the Master Services Agreement.
9.7 Notices required by the Processor under clauses 4 and 5shall be made to the Client: (a) by the most expedient method available when the Processor first discovers its obligation arises; (b) by email to legal@documo.com email address specified in the future by the Client for the receipt of such notices; and (c) immediately followed by written confirmation in accordance with clause 6.
The details of the Processing taking place under this DPA are set out below.
Data Subjects
The personal data transferred concern the following categories of data subjects:
· Users/clients
· Employees/personnel
· Customers
· Vendors/suppliers
· Website visitors
· Marketing contacts
· Support/service recipients
· Job applicants
· Partners/collaborators
Categories of Personal Data
The personal data transferred concern the following categories of data:
· Identity data
· Contactdata
· Demographicdata
· Financialdata
· Healthdata
· Locationdata
· Onlineidentifiers
· Communicationsdata
· User-generatedcontent
· Employeeidentification data
· Membership or subscription data
· Device information
Duration of the processing
Duration of processing will be referenced in the order agreement.
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection
Name of the data exporting organization: See Order Agreement
Address: See Order Agreement
Email: See Order Agreement
Other information needed to identify the organization: See Order Agreement
(the Data Exporter)
And
Name of the data importing organization: Documo, Inc
Address: 919 N Market St Suite 950, Wilmington, DE 19801
Tel: +1 (858) 299-5295
Email: legal@documo.com
Other information needed to identify the organization: N/A
(the Data Importer)
each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
For the purposes of the Clauses:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1);
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organizational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive95/46/EC;
(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(e) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
(f) any accidental or unauthorized access; and
(g) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized todo so;
(h) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(i) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(j) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(k) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(l) that the processing services by the sub-processor will be carried out in accordance with Clause 11;
(m) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter;
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.
3. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
4. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.
1. The data importer agrees that if the data subject invokes against its third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
The Clauses shall be governed by the law of the United States.
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses (3). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely England and Wales.
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.
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