(i) The Data Importer must ensure that persons authorized by the Data Importer to process personal data on behalf of the Data Exporter, in particular employees of the Data Importer and employees of any Sub-Contractor, have undertaken to observe confidentiality or are subject to an appropriate statutory duty of confidentiality, and that such persons who have access to personal data process it in accordance with the Data Exporter's instructions.

(ii) The Data Importer must implement the technical and organizational security measures as set out in Appendix 2 to Part 2 before processing the personal data on behalf of the Data Exporter. The Data Importer may change the technical and organizational security measures from time to time if they do not provide less protection than those set out in Appendix 2 to Part 2.

(iii) The Data Importer shall make available to the Data Exporter, upon request by the Data Exporter, information to show compliance with the Data Importer's obligations under this Appendix. The Parties agree that this information obligation is met by providing the Data Exporter with an audit report (covering security of principles, system availability, and confidentiality) ("Audit Report"). If additional audit activities are legally required, the Data Exporter may request that inspections be carried out by the Data Exporter or another auditor appointed by the Data Exporter, subject to the execution by such auditor of a confidentiality agreement with the Data Importer to the Data Importer's reasonable satisfaction ("Audit"). This Audit is subject to the following conditions: (i) the prior formal written acceptance of the Data Importer; and (ii) the Data Exporter shall bear all costs relating to the On-Site Audit for the Data Exporter and the Data Importer. The Data Exporter must create an audit report summarizing the results and observations of the On-Site Audit ("On-Site Audit Report"). The On-Site Audit Reports, and the Audit Reports, are confidential information of the Data Importer and must not be disclosed to third parties unless required by applicable data protection law or in accordance with the consent of the Data Importer.

(iv) The Data Importer has an obligation to notify the Data Exporter without undue delay:

a. regarding any legally binding request for disclosure of personal data by a law enforcement authority, unless otherwise prohibited, such as a prohibition under criminal law to protect the confidentiality of a law enforcement investigation

b. regarding any complaint and request received directly from a data subject (e.g. regarding access, rectification, deletion, restriction of processing, data portability, objection to data processing, automated decision making) without responding to that request, unless the Data Importer has been authorized to do so

c. if the Data Importer or Data processor is obligated, under the law of the European Union or of the Member State to which the Data Importer or Data processor is subject, to process the personal data beyond the Data Exporter's instructions, before carrying out such processing beyond the instructions, unless laws of the European Union or of the Member State prohibits such processing on vital public interest grounds, in which case the notification to the Data Exporter shall specify the legal requirement under that law of the European Union or of the Member State; or

d. if the Data Importer realizes an infringement of personal data, solely because of itself or its sub-contractor, which would affect the Data Exporter's personal data covered by the present contract, in which case the Data Importer will assist the Data Exporter in its obligation, vis-à-vis the applicable data protection law, to inform the data subjects and, where applicable, the supervisory authorities by providing the information at its disposal, in accordance with Article 33 (3) of the GDPR.

(v) At the request of the Data Exporter, the Data Importer shall be compelled to assist the Data Exporter in its obligation to carry out a data protection impact assessment that may be required by Article 35 of the GDPR and a prior consultation that may be required by Article 36 of the GDPR concerning the services provided by the Data Importer to the Data Exporter under this Appendix, providing the necessary and information to the Data Exporter. The Data Importer will only be obliged to provide such assistance if the Data Exporter cannot fulfill its obligation by other means. The Data Importer will advise the Data Exporter of the cost of such assistance. As soon as the Data Exporter has confirmed that it can bear this cost, the Data Importer will provide the Data Exporter with this help.

(vi) At the end of the provision of the services, the Data Exporter may request the return of the personal data processed by the Data Importer under this Appendix within one month after the services. Unless the legislation of the Member State or of the European Union requires the Data Importer to store or retain such personal data, the Data Importer will delete all such personal or non-personal data after the one-month period, whether they have been returned to the Data Exporter at its request or not.