Solano Data Protection Terms

These Data Protection Terms govern your use of SOLANO, the cloud-based billing service (“Solano” or the “Service”) offered by the iasset.com Group, which includes iasset Holdings Pte. Ltd. and its wholly-owned subsidiaries, iasset.com Inc. and iasset.com Pty. Ltd., (collectively, “iasset.com”).

1. Definitions

1.1 "Affiliate"

Means an entity that directly or indirectly controls, is controlled by or is under common control with an entity, where “control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding (but only as long as the entity meets these requirements).

1.2 "Customer"

Means the entity that has subscribed to Solano.

1.3 "Personal Data"

Means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.4 "Personal Data Breach"

Means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

1.5 "Processing"

Processing of Personal Data means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.6 "Processor"

Means iasset.com.

1.7 "Subprocessor"

Means any natural or legal person, public authority, agency or other body which processes personal data on behalf of Processor (including any Affiliate of Processor).

2. Data Processing

The subject matter of the Processing is limited to Personal Data within the scope of applicable law. The duration of the Processing shall be for the duration of the provision of the Service. The nature and purpose of the Processing shall be to provide the Service. The types of Personal Data processed by the Service are those submitted by Customer to the Service. The categories of data subjects are Customer’s representatives and end users, including employees, contractors, collaborators and customers.

2.1 

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, Processor shall implement and maintain appropriate technical and organizational measures in such a manner that its Processing of Personal Data will meet the requirements of applicable law, ensure the protection of the rights of the data subjects, and ensure a level of security appropriate to the risk, including as appropriate: (a) the pseudonymisation and encryption of Personal Data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) 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 (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

In assessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.

2.2 

Processor shall process the Personal Data only (a) as needed to provide the Services and (b) as needed to comply with applicable law or judicial or governmental mandate (in which case Processor shall provide prior notice to Customer of such legal requirement unless applicable law prohibits disclosure).

2.3

Processor shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and that any natural person acting under the authority of the Processor who has access to Personal Data processes it sole as necessary to provide the Service or as otherwise required by applicable law or judicial or governmental mandate; provided that, if processing or disclosure is required by law or order, Processor shall use all reasonable efforts to notify Solano Customers and provide an opportunity for any Customer to object.

2.4

Processor shall promptly notify Customer if it receives any enquiry, communication or complaint from a data subject or regulator relating to its processing of Personal Data and provide reasonable assistance to enable Customer to respond to it. Processor shall not respond to such communication directly without Customer’s prior authorization unless legally compelled to do so.

2.5

At the expiry or termination of the Contract(s), at Customer’s option, Processor shall delete or return all Personal Data to Customer, except where it is required to retain copies under applicable law, in which case Processor will isolate and protect that Personal Data from any further Processing except to the extent required by applicable law.

2.6

Processor shall make available to Customer all information necessary to demonstrate compliance with this Agreement, including allowing for an audit or inspection.

2.7

Processor will, upon reasonable notice, provide reasonably requested information regarding the Processing to enable Customer to carry out data protection impact assessments and/or prior consultations with data protection authorities.

2.8

Processor shall not engage a Subprocessor to process the Personal Data under this Agreement without Customer’s prior consent and without a written agreement imposing the same data protection obligations upon such Subprocessor as those set out in this Agreement. As between Customer and Processor, Processor shall remain liable for all acts and omissions of the Subprocessor. Processor shall make available to Customer a list of such Subprocessors on written request.

3. Personal Data Breaches

3.1

Upon becoming aware of a Personal Data Breach, Processor shall without undue delay (and in no event later than 24 hours of becoming aware of such Personal Data Breach) inform Customer and provide written details of the Personal Data Breach, including the type of data affected, the identity of affected person(s), the likely consequences of the Personal Data Breach and the measures taken or proposed to be taken to address it, as soon as such information becomes known or available to Processor.

3.2

In the event of a Personal Data Breach, Processor shall:

(a)   provide timely information and cooperation as Customer may require to fulfil Customer’s data breach reporting obligations under applicable law; and
(b)   take such measures and actions as are appropriate to remedy or mitigate the effects of the Personal Data Breach and shall keep Customer up-to-date about all developments in connection with the Personal Data Breach.

3.3 

 The content and provision of any notification, public/regulatory communication or press release concerning the Personal Data Breach shall be solely at Customer’s discretion, except as otherwise required by applicable law.

4. Audits

4.1

Processor is taking the steps necessary to obtain ISO 27001 certification as soon as commercially practicable and, thereafter, shall maintain records in accordance with ISO 27001 or similar Information Security Management System (“ISMS”) standards and applicable law. Upon Customer’s request at any time after Processor achieves ISO 27001 certification, Processor shall provide copies of the relevant external ISMS certifications to verify Processor’s compliance with this Agreement.

4.2

While it is the parties’ intention ordinarily to rely on Processor’s obligations set forth in Section 4.1 to verify Processor’s compliance with this Agreement, Customer (or its appointed representatives) may carry out an inspection of the Processor’s operations and facilities during normal business hours and subject to reasonable prior notice where Customer considers it necessary or appropriate (for example, without limitation, where Customer has reasonable concerns about Processor’s data protection compliance, following a Personal Data Breach or following instructions from a data protection authority).

5. Data Transfers

Processor may not transfer or export any Personal Data under the Contract(s) or this Agreement unless such transfer or export complies with applicable law, including the General Data Protection Regulation (Regulation EU 2016/679) (“GDPR”).

The Parties agree to comply with the EU Standard Contractual Clauses for Processors (2010/87/EU) attached to this Data Transfer Agreement as Annex 1 and, when adopted by the EU, any new or successor Standard Contractual Clauses for Processors under the GDPR. In case of any conflict between this Agreement and the EU Standard Contractual Clauses, the then-current EU Standard Contractual Clauses shall prevail.

The respective Data Exporter can enforce against Data Importer all rights, benefits and remedies that are granted to the “data exporter” in the attached EU Standard Contractual Clauses as third-party beneficiaries limited to Data Importer’s own processing operations in connection with providing or supporting the provision of the Services contemplated in the Agreement(s).

If there is any act or omission on the part of the Data Importer and/or its Subprocessors which leads to Customer being liable for breaches of the GDPR or any third party contract, then Data Importer shall indemnify Customer for any damage, loss, liabilities, costs, harm or expenses (including reasonable legal fees) suffered by Customer as a result.

Standard Contractual Clauses (Processors)

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

The data exporter and the data importer identified above, 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.

Clause 1 - Definitions

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;

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 organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2 - Details of Transfer

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.

Clause 3 - Third-party beneficiary clause

Clause 4 - Obligations of the data exporter

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 organisational 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, unauthorised 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 Directive 95/46/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).

Clause 5 - Obligations of the data importer

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 organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d) that it will promptly notify the data exporter about:

(i) 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;
(ii) any accidental or unauthorised access; and
(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e) 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;

(f) 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;

(g) 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;

(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

Clause 6 - Liability

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.

The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

3- 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.

Clause 7 - Mediation and Jurisdiction

The data importer agrees that if the data subject invokes against it 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.

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.

Clause 8 - Cooperation with Supervisory Authorities

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.
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.
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).

Clause 9 - Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10 - Variation of the Contract

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.

Clause 11 - Subprocessing

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.  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.

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.

Clause 12 - Obligation after the Termination of Personal Data-Processing Services

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.

Appendix 1 - To the Standard Contractual Clauses

This Appendix forms part of the Clauses.

The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix

Data exporter: The data exporter is the Customer that has subscribed to SOLANO, its Affiliates and/or their respective customers.

Data importer: The data importer is providing services and support or fulfilling contractual obligations towards data exporter as described in the individual contracts or purchase orders for SOLANO. These services may include the processing of personal data by data importer or the provisioning of maintenance and support services by data importer on systems which may contain personal data.

Data subjects: Data subjects are specified in the contracts or purchase orders for SOLANO.

Categories of data: Personal Data is specified in the contracts or purchase orders for SOLANO.

Special categories of data (if appropriate): No transfer of special categories is anticipated.

Processing operations: The personal data transferred will be subject to the processing activities described in the contracts or purchase orders for SOLANO.

Appendix 2 - To the Standard Contractual Clauses

This Appendix forms part of the Clauses.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

Data importer has implemented appropriate data privacy structures within the company. These structures ensure adequate data privacy with the measures implemented by data importer:

- Organisation
- Entry
- Admission
- Access
- Transmission of data
- Input of data
- Commissioned data processing
- Data availability
- Data separation

The specific details regarding the technical and organisational measures are explained in the following text.

A. Organisational Control

Measures, which comply with the specific requests of Data Protection, regarding the internal organisation:

- Instalment of an external Data Protection Officer with expertise
- Commitment of employees to data secrecy
- IT-Emergency concept
- Data back-up concept (for production data)
- Regulations regarding the correct and secure processing of duties done by data processing
- Regular instruction of relevant regulations
- Control of compliance with the regulations
- Organisational, spatial and/or personal separation of data processing from other business units and other customers
- Regulations and instructions for entry control
- Regulations and instructions for admission control
- Regulations and instructions for access control
- Regulations and instructions for transport of data storage media and transmission control
- Regular information and instruction of the employees
- Description of activities in working instructions
- Data deletion concept
- Internal data privacy audit
- Documentation of IT-procedures, software, IT-configuration

B. Entry Control

Measures to limit entrance of unauthorized persons to areas where personal data is used or processed with electronic data processing devices.

- Entry control
- Regulations and instructions of entry control
- Gate control
- Identification badges / code cards
- Entry regulations organisation for employees
- Entry regulations for external service providers (cleaning and maintenance personal, craftsmen, customers, visitors
- Classification of security areas
- Identification of admission authorized persons
- Safeguarding by alarm system, intrusion detector, police emergency call
- Security locks with centralized key administration and master key plan
- Revision secure organisation of admission rights
- Revision secure grant and revocation of admission rights

C. Admission Control

Measures to limit admission of unauthorized persons to systems where personal data is used or processed with electronic data processing devices.

- Safeguarding of physical network infrastructure
- Firewall for internal networks against external vulnerabilities
- Control of use for electronic data processing
- Regulations and instructions of admission control
- Control and identification of authorized persons
- Logging of use for entry rights and regular reports
- Admission only with User-ID and password only
- Separation of function principle when granting entry authorisation
- Identification of terminal or terminal user (e.g.: login with user-ID and password)
- Limitation of false log-in attempts
- Automatic screensaver protection in case of inactivity
- Lockable terminals and decentralised IT-systems
- Safeguarding of electronic data processing systems correspondent with the requirements
- Functional and/or timely limited use of terminals

D. Access Control (Electronic data processing)

Measures to limit access of unauthorized persons to systems where personal data is used or processed with electronic data processing devices.

- Regulations and instructions for access control
- Processes for file organisation
- Rights- and role-concept
- Assignment of rights for data-input as well as for information, modification and deletion of stored data
- Regulated procedure for granting, changing and revocation of access rights
- Selective access regulations for procedures, operation control tickets
- User adaptive access protection
- Selective access for files and functions
- Automatic screensaver protection in case of inactivity
- Requirement of user identifiers (Passwords) for files, system data, application data
- Machine control of authorisations
- Logging access to specific data (e.g.: Console log, machine Log)
- Functional and/or timely limited use of terminals
- Password policy at the level of configuration of IT-systems
- Identification and authentication of users
- Control of administrator activities
- Limitation of free style queries in data bases
- Specific written directives for the restart-procedure
- Safeguards for access by self-acting institutions
- Use of encryption

E. Access Control (Data Media)

Measures to limit access of unauthorized persons to data and/or applications being stored on storage devices outside of an electronic data processing system.

- Write-protection for data media
- Identification of authorized personnel
- Rules regarding the production of copies
- Labelling obligation for data media with classification
- Guidelines for the organisation of data storage
- Data privacy conform elimination of out of use data media with protocol
- Controlled storage of in use and swapped out data media in a secure area (Archive, secure cabinets)
- Definitions of areas which are suitable or scheduled for the storage of data media (e.g.: disc, volume, tape, cartridge)

F. Transmission Control 

Measures to ensure that personal data cannot be read, copied, modified or removed without authorisation during electronic transmission or transport.

Measures to ensure and that it is possible to check and establish to which bodies the transfer of personal data by means of data transmission facilities is envisaged.

Measures to ensure, that an automated procedure for the retrieval of personal data is running a log procedure in order to have retrospect information which data has been retrieved by whom.

- Determination of authorized person for transmission and transport
- Documentation of the retrieval and transmission programs
- Determination and documentation of the transmission procedure and the data receivers
- Protocol of data transmission and receivers
- Regulations and instructions for data media transport and transmission control
- Secured data lines
- Use of cryptographic procedures as far as useful or mandatory
- Electronic signature as far as useful or mandatory
- Reasonability check

G. Input Control 

Measures to ensure that it is possible to check and establish whether and by whom personal data / social data have been entered, modified or removed into/from data processing systems.

- Automatic protocol of input, modification and deletion of personal data
- Protocol of the use of administration tools
- Protocol of system generation and modification of system parameters
- Complete protocol of all instances
- Revision secure protocol of access rights
- Protocol data can be analyzed in computer assisted processes
- Proof of the organisational defined responsibilities for input of data
- Definition of deletion and retention periods for the protocols
- Electronic signature (if applicable)

H. Job Control 

Measures to ensure that, in the case of commissioned processing of personal data, the data are processed strictly in accordance with the instructions of the principal.

The following measures are relevant in case of sub-order for the subcontractor as well.

- Careful selection of the contractor (processor)
- Written agreement with definition of the decisional authority based on statutory mandatory law

- Outline of the rights and duties of principal and contractor in regard to:
- Data security measures
- Transmission directives
- Retention and deletion periods
- Breach of contract
- Insurance
- Definition of safety measures
- Right of access to subcontractor premises
- Control of security measures at the subcontractor
- Control of the correct execution of the contract
- Sanctions in case of contract violations

I. Availability Control 

Measures to ensure that personal data is protected from accidental destruction or loss (e.g.: loss of power, lightning, protection from water damage)

- Ordinance of work instructions and safety directives
- Fire preventions
- Definition and control of fire precautions and fire/water early warning system
- Risk- and weak-point-analysis for relevant IT-division
- Safeguarding of the electric power supply by uninterruptable power supply
- Regular and intense instruction of all employees
- Disaster recovery plan, emergency handbook, security-infrastructure
- Recovery-Procedures for production data
- Data mirroring
- Regular stringent data back up
- Storage of back up media in safeguarded locations for production data (Data generated in Service Processes/Help Desk is deleted after the ticket is closed in due time)
- Instructions for documentation of procedures and software development
- Formalised approval process for new IT-applications and in case of relevant changes of running applications
- Used software is checked and released in a formalised procedure
- Centralized procurement for hard- and software
- Database-Logging
- Function separation between functional department and IT-division

J. Separation Control 

Measures to ensure that data collected for different purposes can be processed separately.

- Stringent company internal directives for data collection, data processing and use of data
- Grant of specific access rights
- Use of separate user roles to ensure separation control
- Use of pseudonyms as far as possible and reasonable
- Documentation of data bases
- Documentation of application programs
- Documentation of the specific purposes of the collection, processing and use of data
- Instalment of logical databases
- Logical separation of data
- Physical separation of data

 

 

Last updated:  23 July, 2018