General Data Protection Regulation (GDPR)
Schedule 4 - Data Security and Privacy Provisions
In this Schedule 4:
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Personal Data means any individual element of information concerning the personal or material circumstances of an identified or identifiable individual, which is collected, held or processed by Tanda in the course of Tanda performing its obligations under the Licence and Services Agreement.
- Processing means processing of Personal Data on behalf, encompassing the storage, amendment, transfer, blocking or erasure of personal data by Tanda acting on behalf of the Client.
- Instruction means the written instruction, issued by the Client to Tanda, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available). Instructions shall initially be specified in this Agreement and may, from time to time thereafter, be amended, amplified or replaced by the Client in separate instructions (individual instructions).
- Licence and Services Agreement means the agreement to which this Schedule 4 is attached.
2. Scope and Responsibility
- Tanda shall process Personal Data on behalf of the Client. Processing shall include such actions as may be specified in this Agreement. Within the scope of this Agreement, the Client shall be solely responsible for complying with these requirements relating to data protection, in particular regarding the transfer of Personal Data to Tanda and the Processing of Personal Data (acting as the Controller as defined in article 4 (7) GDPR).
- The requirements under this Schedule 4 shall also apply if testing or maintenance of automatic processes or of Processing equipment is performed on behalf of the Client, and access to Personal Data in such context cannot be excluded.
3. Obligations of Tanda
- Tanda shall collect, process and use Personal Data within the scope of the Client’s Instructions.
- Tanda will procure that its employees and other persons authorised to process Personal Data have committed themselves to confidentiality.
- Within Tanda’s area of responsibility, Tanda shall structure its internal corporate organization to ensure compliance with the specific requirements of the protection of Personal Data under this Schedule 4. Tanda shall take the appropriate technical and organisational measures to adequately protect Personal Data against misuse and loss in accordance with the requirements of Article 32 of the GDPR.
- Tanda shall notify to the Client the contact details of Tanda’s data protection official.
- In the event of termination or expiry of this Agreement, Tanda shall, upon the Client's discretion, either destroy or deliver to the Client all Personal Data or delete, de-identify or destroy such materials in accordance with data protection regulations
- Tanda will only transfer Personal Data to countries outside of the EEA with the explicit consent of the Client. The Client explicitly consents to the transfer of Personal Data by Tanda or its Subcontractors listed in Attachment 3 to Tanda’s affiliated companies in the jurisdictions as listed in Attachment 3, for the purposes of carrying out Tanda’s obligations under the Licence and Services Agreement. Tanda agrees to comply with the obligations as set out in the Standard Contractual Clauses for the transfer of Personal Data to Data Processors established in third countries adopted by the European Commission decision of 5 February 2010, published under document number C(2010) 593 2010/87/EU (Standard Contractual Clauses) against all identified parties, including the Client, and other relevant Data Subjects (as defined in article 4(1) GDPR)). Tanda acknowledges that the Client will be a data exporter. In particular, and without limiting the above obligation:
- Tanda agrees to grant third party beneficiary rights to Data Subjects, as set out in clause 3 of the Standard Contractual Clauses, provided that the Tanda's liability shall be limited to the Tanda's own Processing operations;
- Tanda agrees that Tanda's obligations under the Standard Contractual Clauses shall be governed by the law(s) of the Member State(s) in which the Client is established; and
- the details of the appendices applicable to the Standard Contractual Clauses are as set out in Attachment 4 to this Schedule 4.
- In the event that the European Commission decision authorising the data transfer mechanism referred to below is held to be invalid, or that any supervisory authority requires transfers of Personal Data made pursuant to such decision to be suspended, then the Client may, at its discretion, require Tanda to cease Processing Personal Data to which this clause applies, or co-operate with it to facilitate use of an alternative transfer mechanism.
- If the European Commission lays down, or an applicable supervisory authority adopts, Standard Contractual Clauses for the matters referred to in Article 28(3) and Article 28(4) of the General Data Protection Regulation pursuant to Article 28(7) or Article 28(8) of the General Data Protection Regulation (as appropriate) and the Client notifies Tanda that it wishes to incorporate any element of any such Standard Contractual Clauses into this Schedule 4, Tanda will agree to the changes as reasonably required by the Client in order to achieve this.
4. Obligations of the Client
- The Client (as the Data Controller) and Tanda (as a Data Processor) shall be separately responsible for conforming with such statutory data protection regulations as are applicable to them in these capacities.
- The Client warrants that it:
- has adopted internal policies and implement measures which meet in particular the principles of data protection by design and data protection by default; and
- will comply with the obligations relating to Data Controllers under the GDPR (or other similar applicable statutory data protection regulations) as they relate to Personal Data collected, used, held, disclosed or transferred by the Client in connection with this agreement.
- The Client shall inform Tanda without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data detected during a verification of the results of such Processing.
- The Client shall, upon termination or expiration of the Agreement and by way of issuing an Instruction, stipulate, within a period of time set by Tanda, the measures to return Personal Data carrier media or to delete or de-identify stored Personal Data.
- The Client agrees to indemnify, keep indemnified and hold harmless, Tanda and its Related Entities and officers (the Indemnified Persons) in connection with:
- a breach of the Client’s obligations under clause 2(a) or this clause 4;
- any claim by a third person or Government Body, that an Indemnified Person has contravened the GDPR (or other similar applicable statutory data protection regulations) as a result of any act or omission by the Client or the Client’s Personnel;
- any Losses incurred by an Indemnified Person, in a connection with an obligation imposed on any of those Indemnified Persons to notify of, prevent, or to take any steps or measures to prevent:
- a “personal data breach” (having the meaning given in the GDPR), as a result of any act or omission by the Client or the Client’s Personnel; or
- any actual or suspected unauthorised access or use, or misuse, loss or destruction of any Personal Data as a result of any act or omission by the Client or the Client’s Personnel.
5. Obligations of Tanda
- Tanda’s assistance under the following clauses 5(b)-(d) is subject to the Client’s conformance with clause 5(e).
- Where the Client, based upon applicable data protection law, is obliged to provide information to an individual about the collection, processing or use or its Personal Data, Tanda shall assist the Client in making this information available.
- Taking into account the nature of the processing, and (where applicable) and the information available to the processor, Tanda will assist the Client:
- by appropriate technical and organisational measures, insofar as this is possible, to fulfil the Client’s obligation to respond to requests for exercising the individual’s rights laid down in Chapter 3 of the GDPR; and
- in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.
- Tanda will make available to the Client all information reasonably necessary to demonstrate compliance with the obligations laid down in Article 28(3) of the GDPR, and will allow for and contribute to audits, including inspections, conducted by the Client or by an auditor authorised in writing by the Client and notified in writing to Tanda.
- Provided that:
- the Client has instructed Tanda in writing to do so; and
- the Client reimburses Tanda for the reasonable costs arising from the provision of this assistance,
Tanda will provide the assistance described in clauses 5(a)-(d) above.
- Tanda shall be entitled to subcontract Tanda’s obligations to Process data, including Personal Data (as required by this Agreement and any other Instructions received by Tanda from the Client), only with the Client’s prior written consent.
- The Client consents to Tanda’s subcontracting to Tanda’s affiliated companies and/or third parties of Tanda’s contractual obligations hereunder, where Tanda’s subcontracting meets the below mentioned requirements. A list of the entrusted affiliated companies and/or third parties shall be attached to this Agreement as Attachment 3 (Subcontractors).
- Where Tanda engages any subcontractor, Tanda shall be obliged to pass on Tanda’s contractual obligations hereunder to such subcontractors. Sentence 1 shall apply in particular, but shall not be limited to, the contractual requirements for confidentiality, data protection and data security stipulated between the parties of this Agreement, and shall include the Client’s right to audit the subcontractor in accordance with clause 6.
- the Client shall be entitled, upon written request, to information about the essential content of the subcontract and the implementation of the data protection obligations by any subcontractor, and shall further be entitled to reasonably inspect the relevant contract documentation.
- Tanda shall, prior to the commencement of Processing, and in regular intervals thereafter audit the technical and organizational measures taken by any subcontractor, and shall document the resulting findings.
- Alternatively, the Client may:
- have an expert or data protection official provide a testimonial or expert’s opinion (e.g. certification ISO 27001); or
- after given reasonable prior notice in writing, personally audit Tanda during regular business hours, without disrupting Tanda’s business operations.
7. Duties to Inform, Mandatory Written Form
Where Personal Data becomes subject to search and seizure, an attachment order, confiscation during bankruptcy or insolvency proceedings, or similar events or measures by third parties while being Processed, Tanda shall inform the Client without undue delay. Tanda shall, without undue delay, notify to all pertinent parties in such action, that any Personal Data affected thereby is in the Client’s sole property and area of responsibility, that Personal Data is at the Client’s sole disposition, and that the Client is the responsible body in the sense of the GDPR.
Attachment 1 - List of Personal Data and the purpose of its Processing
The list shall state the extent, the nature and purpose of any contemplated collection, processing and use of data, the type of data, and the circle of data subjects.
1. Subject of the work to be carried out
Specified in the Agreement.
2. Duration of the work to be carried out
Specified in the Agreement.
3. Extent, type and purpose of the intended collection, processing or use of data:
Specified in the Agreement.
4. Type of data
- First Name
- Last Name
- Store No.
- Date of birth
- Employment start date
- Pay rate
- Payroll number
- Telephone number
- Classification of employment type
- Student Visa Details
- Employee time clock information, e.g. work hours and allowances
5. Circle of data subjects
Attachment 2 - Technical and Organisational Measures
TANDA’s technical and organisational measures pursuant to Article 32 of the GDPR are described at tanda.co/gdpr or tanda.co/uk/gdpr, as updated from time to time.
Attachment 3 - List of involved subcontractors engaged by Tanda
1. Subcontractors in the European Economic Area
|Ireland||logentries.com, Inc.||The One Building, 2nd Floor|
1 Grand Canal Street Lower
Dublin 2, Ireland
|Ireland||Intercom, Inc.||2nd Floor, Stephen Court,|
18-21 St. Stephen’s Green
Dublin 2, Ireland
|Ireland||Twilio Ireland Limited||Iconic Offices Sobo Works |
2 Windmill Lane
Sir John Rogerson's Quay,
Dublin 2, Ireland
|Netherlands||Atlassian Corporation Plc||Atlassian|
1016 AB Amsterdam
2. Subcontractors outside of the European Economic Area
|Australia||EPI Capital Pty Ltd t/a TANDA||Level 1, 490 Adelaide Street|
Brisbane Qld 4000
|Philippines||Tanda Workforce Solutions Inc.||19th Floor, Octagon Building, San Miguel Avenue, Brgy San Antonio, Ortigas Center, Pasig City 1605|
|United Kingdom||Workforce Success Ltd||Office 13, Wingate Business Exchange|
64-67 Wingate Square
|United States||Tanda Inc.||2711 Centerville Road, Suite 400|
Wilmington DE 19808
Attachment 4 - Standard contractual clauses
The provisions of this Attachment 4 to this Schedule 4 shall govern the transfer of personal data originating from within the EEA.
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 Client (as data exporter) and Tanda (as data importer, whose signature appears below), each a party or together the parties, have agreed on the following Contractual Clauses (the Clauses or Standard Contractual 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 to these Clauses.
For the purposes of the Clauses:
- 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;
- the data exporter means the controller who transfers the personal data;
- 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;
- the subprocessor means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor 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;
- 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;
- 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.
2. Details of the 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.
3. Third-party beneficiary clause
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), Clause 6(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 subprocessor 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 subprocessor 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.
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 subprocessor 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 subprocessing 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 subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor 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).
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;
(e) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, 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 subprocessing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
- 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 subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
- 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 subprocessor 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 subprocessor of its obligations in order to avoid its own liabilities.
- 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 subprocessor 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 subprocessor agrees that the data subject may issue a claim against the data subprocessor 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 subprocessor shall be limited to its own processing operations under the Clauses.
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.
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 subprocessor, 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 subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).
9. Governing Law
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
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.
- 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 subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor 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 subprocessor's obligations under such agreement.
- The prior written contract between the data importer and the subprocessor 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 subprocessor shall be limited to its own processing operations under the Clauses.
- The provisions relating to data protection aspects for subprocessing 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.
- The data exporter shall keep a list of subprocessing 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.
12. Obligation after the termination of personal data processing services
- The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor 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.
- The data importer and the subprocessor 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 Standard Contractual Clauses in Attachment 4 of this Schedule 4.
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
The Client is the data exporter and transfers personal data to Tanda to enable Tanda to provide the services under the Licence and Services Agreement.
The data importer is Tanda, an organisation that provides cloud workforce management software (time and attendance, online rostering, timesheets, pay rates & payroll integration), including the services provided to the Client under the Licence and Services Agreement.
Data subjects include Personnel and End Users as defined in the Licence and Services Agreement. Data subjects may also include individuals whose personal data are included in the data provided by the Client.
Categories of data
The personal data transferred includes the data as mentioned in Attachment 1 (List of Personal Data and the purpose of its Processing).
The personal data transferred will be subject to the processing operations as described in the Licence and Services Agreement.
To the extent this is allowed under this Schedule 4, Tanda may hire other companies to provide services on data importer’s behalf. Any such subcontractors will be permitted to obtain Personal Data only to deliver the services under the Licence and Services Agreement Tanda has retained them to provide, and they are prohibited from using such for any other purpose.
Appendix 2 to the Standard Contractual Clauses
The data importer has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines intended to protect personal data against accidental loss, destruction, or alteration; unauthorized disclosure or access; or unlawful destruction.
The technical and organizational measures, internal controls, and information security routines referred to in Schedule 4 and Attachment 2 (Technical and Organisational Measures) are hereby incorporated into this Appendix 2 by this reference and are binding on the data importer as if they were set forth in this Appendix 2 in their entirety.