Data Processing Agreement Indemnification

The data is protected from accidental destruction or loss. Whenever a company that acts primarily as a personal data handler acts as responsible for the processing of a particular set of personal data, it is also jointly responsible for the control of this personal data. First, Article 28, paragraph 4, of the RGPD stipulates that a service provider must be “fully responsible” for fulfilling the “obligations” of its subcontractors to a processing manager. 1 It should be noted that this requirement of “full responsibility” for the performance of subprocessors may not be codified in the agreement between a processor and a subcontractor. In particular, Article 28 is structured so that the requirements of Article 28, paragraph 3, are included in the contract between the parties. On the other hand, Article 28, paragraph 4, does not provide that the concept of “full liability” must be included in the contract for the treatment of total responsibility for treatment and the processor. In addition, a subcontractor must be held responsible for the delivery of its subcontractors, but this responsibility should not be codified in the contractual relationship. Furthermore, it is not clear whether the supervisory authorities and the courts are responsible for “executing” an obligation so that the subcontractor is held liable for the damage caused by a subcontract or whether they are simply responsible for the performance of the subprocessing process. Clause 6 against the data exporter or importer because it has disappeared in fact or no longer exists or has become insolvent and no successor organization has assumed, contractually or by law, all the legal obligations of the data exporter or data importer. This liability of one-third of the subprocessor is limited to its own processing operations in accordance with the clauses.

f. Cooperation. Snap will provide appropriate cooperation and support to the processing manager, the processing manager can reasonably require that the person in charge of the treatment meet its obligations under Sections 32 to 36 of the RGPD and the LGPD, to the extent that this applies, including data security, notification of data breaches, assessment of the impact of data protection, prior consultation with supervisory authorities, enforcement of the rights of the persons concerned and any request, notification or investigation by a supervisory authority. Measures to ensure data security (physical/logical): however, a Dpa can be written to allow the processor to recover this money from the data processor in such a scenario.

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