Data Protection Legislation: all applicable data protection laws including General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any applicable national data protection legislation, regulations and secondary legislation from time to time in force in the jurisdiction of the Controller and/or the Processor relating to the processing of Personal Data, and where relevant the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
All definitions used in this clause shall have the definition set out in the Data Protection Legislation.
The Controller and the Processor acknowledge that the Controller is the controller and the Processor is the processor and that the Controller retains control of the Personal Data and remains responsible for its compliance obligations under Data Protection Legislation. The Processor may process the Personal Data categories and Data Subject types set out in the Schedule of this Agreement. Each party agrees to comply with all applicable requirements of the Data Protection Legislation.
The Processor shall:
- implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of Data Protection Legislation and ensure the protection of the rights of the Data Subject;
- only authorise a third party (“sub-processor”) to process the Personal Data if (i) the Processor has obtained the prior written consent from the Controller for each appointment of a sub-processor (or the sub-processor’s name is set out in the Schedule) and (ii) the Processor and the sub-processor enter into a written contract containing terms the same as those set out in this clause, in particular, in relation to data security measures and (iii) the Processor maintains control over all Personal Data it shares with the sub-processor and (iv) the Processor ensures that the sub-processor does not process the Personal Data except on instructions from the Data Controller (unless required to do so by Union or Member State law);
- process the Personal Data only on documented instructions from the Controller, unless required to do so by Data Protection Legislation to which the Processor is subject; in such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
- ensure that persons authorised to process the personal data (such as its employees) have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- ensure that is has in place appropriate technical and organisational measures, reviewed and approved by the Controller, to ensure a level of security appropriate to the risk (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) including, where appropriate, the pseudonymisation and encryption of Personal Data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident and a process for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures for ensuring the security of processing. Account shall also be taken of the risks that are presented by the processing in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed;
- taking into account the nature of the processing, assist the Controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller’s obligation to respond to requests for exercising the Data Subject’s rights set out in Chapter III of the GDPR;
- assist the Controller in ensuring compliance with the obligations set out in Articles 32 to 36 of the GDPR (data breach) taking into account the nature of processing and the information available to the Processor;
- at the choice of the Controller, delete or return all the Personal Data to the Controller after the termination or expiry of this Agreement and delete existing copies (unless Union or Member State law requires storage of the Personal Data);
- make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
- assist the Controller in ensuring compliance with the requirement to carry out Data Protection Impact Assessments as set out in Article 35 of GDPR, taking into account the nature of processing and the information available to the Processor;
- immediately inform the Controller, if in the opinion of the Processor, an instruction from the Controller infringes Data Protection Legislation;
- promptly comply with any request by or instruction from the Controller to process the Personal Data, or to stop, mitigate or remedy any unauthorised processing;
- keep all Personal Data confidential and not disclose such data to third parties unless specifically authorised in writing by the Controller or as required by law. If the Processor is required by law, court, regulator or supervisory authority to process or disclose any Personal Data, the Processor will first inform the Controller of this and allow the Controller to object or challenge the requirement, unless the law prohibits the Processor from informing the Controller;
- not transfer or otherwise process Personal Data outside the European Economic Area (EEA) without obtaining the Controller’s prior written consent (except where the Processor is required to transfer such data by Union or Member State law, in which case the Processor shall inform the Controller of such legal requirement before processing takes place, unless any law prohibits such disclosure on important grounds of public interest) and (i) there is an appropriate safeguard or derogation for such transfer in accordance with part V of the GDPR;
- keep detailed, accurate and up-to-date written records regarding any processing of Personal Data it carries out for the Controller, using the schedule set out in the schedule (Records).
|NAME OF SUB-PROCESSOR||LOCATION||CONTACT DETAILS FOR PERSON RESPONSIBLE FOR DATA PROTECTION|
|Digital Ocean||UK and US servers||Data Protection Officer contact firstname.lastname@example.org|
RECORDS OF PROCESSING
|Category of data subject||Personal data being processed
|Purpose||Lawful ground of processing||Sensitive data||Volume of data||Retention period||Third party to whom data is transferred and country located in
|Appropriate safeguard for transfer of data
|Student user||Name, date of birth (optional), assessment and attainment information||Use of the app||Public task and contract||N/A||Less than 100,000||Until deleted by the teacher user||N/A||N/A|
|Student user||Student status (SEN, GT, PP, EAL) [optional]||Generate statistics for the controller||Public task and contract||Yes||Less than 100,000||Until deleted by the teacher user||N/A||N/A|
|Teacher user||System backups||System backups||Consent||N/A||Less than 10,000||28 days||Digital Ocean – United States||EU-US Privacy Shield|
Last updated: 26th June 2018