Data Processing Addendum

Last updated: 02.01.2024

Standard Contractual Clauses 

For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)  

Between 

You, all organizers that are required to adhere to the EU General Data Protection Regulation (GDPR), or equivalent legislation, and that require FrontCore to process Personal Data on their behalf as they use the Services of FrontCore. 

(the data controller) 

and 

FrontCore AS 

(the data processor) 

each a ‘party’; together ‘the parties’ 

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject. 

1. Table of Contents

1. Table of Contents
2. Preamble
3. The rights and obligations of the data controller
4. The data processor acts according to instructions
5. Confidentiality
6. Security of processing
7. Use of sub-processors and third-party applications
8. Transfer of data to third countries or international organizations
9. Assistance to the data controller
10. Notification of personal data breach
11. Erasure and return of data
12. Audit and inspection
13. The parties’ agreement on other terms
14. Commencement and termination
15. Contact information Data Processor

Appendix A Information about the processing

Appendix B Authorised sub-processors

Appendix C Instruction pertraining to the use of personal data

2. Preamble

1. These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller. 
2. References to “you” or data controller in this DPA means “organizer”, and references to “we”, “us”, “our” and data processor means FrontCore. 
3. In instances where FrontCore processes the Personal Data of consumers, it may function as a Data Controller. This occurs particularly when consumers interact with elements of FrontCore’s Applications that extend beyond the scope of the Organizer’s event, or when FrontCore utilizes Personal Data to conduct research and analysis aimed at enhancing its products, features, and offering personalized recommendations. In these situations, FrontCore operates as an independent Data Controller and not as a joint Data Controller in conjunction with the Organizer. When FrontCore processes Personal Data in the capacity of a Data Processor or Service Provider on behalf of the Organizer, the provisions outlined in this Data Processing Agreement (DPA) will be applicable. However, in scenarios where FrontCore acts as a Data Controller or Business in relation to consumers’ Personal Data, such processing activities will not be governed by this DPA. 
4. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 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). 
5. In the context of the provision of FrontCore services, the data processor will process personal data on behalf of the data controller in accordance with the Clauses. 
6. The Clauses shall take priority over any similar provisions contained in other agreements between the parties. 
7. Four appendices are attached to the Clauses and form an integral part of the Clauses. 
8. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing. 
9. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorized by the data controller. 
10. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum-security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed. 
11. The Clauses along with appendices shall be made available online by FrontCore. 
12. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation. 

3. The rights and obligations of the data controller

1. The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State1 data protection provisions and the Clauses. 
2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data. 
3. The data controller shall be responsible, among other things, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.  

4. The data processor acts according to instructions

1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.  
2. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions. 

5. Confidentiality

1. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need-to-know basis. Based on this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons. 
2. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality. 

6. Security of processing

1. Article 32 GDPR stipulates that, 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, the data controller and data processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 

The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following: 

1. 1. Pseudonymization and encryption of personal data; 
   2. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services; 
   3. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; 
   4. a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing. 
2. According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks. 
3. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organizational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR. 

If subsequently – in the assessment of the data controller – mitigation of the identified risks requires further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C. 

7. Use of sub-processors and third-party applications

1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor). 
2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorization of the data controller. 
3. The data processor has the data controller’s general authorization for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least one month in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). The list of sub-processors already authorized by the data controller can be found in Appendix B. 
4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR. The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR. 
5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.   
6. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor. 
7. The controller has the option to choose to acquire or use Third-Party Applications and to authorize use of certain integrations via the Services, for which additional fees may apply. The supply of Third-Party Services shall be under a separate contract or arrangement between the controller and the relevant third party. The data processor does not contract to supply the Third-Party Applications and is not a party to any contract for, or otherwise responsible in respect of, the provision of any Third-Party Application. Third-Party Applications which may be made available to the controller via the Services, are subject to the third-party’s terms and conditions, including their privacy policy. The data processor’s Services which may be made available to the controller are subject to the terms and conditions that accompany this agreement. Some services require the use of or access to certain of the controller’s Services data. For the purposes of this agreement, the integrations do not apply to Services Trial versions that do not include access to the integrations. The data processor may remove, suspend or limit any Third-Party Application integration at any time in its sole discretion.     
   1. The data controller may use (and provide to third parties) a service for the Integrations to, among other things, facilitate certain interoperability, data integration, and data access between the Services and the applicable Application. By signing up or by using any Third-Party Application, the controller agree that: (i) the Third-Party Application provider may have access to and use the controller’s applicable Services data to provide the particular Third-Party Application or related services per the Third-Party Application terms and conditions; and (ii) the Third-Party Application provider may transfer the controller’s data from the Third-Party Application to FrontCore for the controller’s use per these Terms of Service. The controller grants the data processor all rights to use the controller’s Services data as reasonably necessary to facilitate the Integrations to Third-Party Application providers and acknowledge that Third-Party Application providers may be located in a country that does not have adequate security controls to protect the controller’s Services data. Please carefully review the Third-Party Application terms and conditions. If the controller does not agree with the terms and conditions of any Third-Party Application, they should not use or access the Third-Party Application or permit it to have access to their Services data. Please contact the Third-Party Application provider for technical issues with the Third-Party Application or Integrations to and from the Services and Third-Party Application.
   2. The data controller agrees and acknowledge that (i) the data processor has no control over any Third-Party Applications; (ii) The data processor does not endorse or recommend Third-Party Applications even if they are marketed or distributed via the data processor’s Services, or other products or websites, or otherwise associated with the data processor. (iii) The integration of Third-Party Services may entail the transfer of Data from the Services to the relevant Third-Party Services; and (iv) The data processor has no control over, or responsibility in respect of, any disclosure, modification, deletion or other use of Data resulting from any integration with any Third-Party Services. The controller agrees that the Third-Party Application providers, and not the data processor, are solely responsible for the process of transferring or sharing, upon the controller’s authorization, the controller’s data with or to other applications, the Third-Party Application’s performance (including technical support), the content on the Third-Party Application provider’s website(s) and their use or disclosure of the controller’s data. The data processor will not be liable for any damages, claims or liabilities arising from the third parties or Third-Party Applications.
   3. The data controller agree that they will (i) comply with all applicable laws, regulation and ordinances; (ii) not use any Application in any manner that would infringe or violate the rights of FrontCore, any Third-Party Application provider, or other third-party; and (iii) not use the Applications in any way in furtherance of criminal, fraudulent or other unlawful activity.   

8. Transfer of data to third countries or international organizations

1. Any transfer of personal data to third countries or international organizations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.  
2. In case transfers to third countries or international organizations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest. 
3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses: 
   1. transfer personal data to a data controller or a data processor in a third country or in an international organization 
   2. transfer the processing of personal data to a sub-processor in a third country  
   3. have the personal data processed in by the data processor in a third country 
4. The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6. 
5. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR. 

9. Assistance to the data controller

1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organizational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR. This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with: 
   1. the right to be informed when collecting personal data from the data subject 
   2. the right to be informed when personal data have not been obtained from the data subject 
   3. the right of access by the data subject 
   4. the right to rectification 
   5. the right to erasure (‘the right to be forgotten’) 
   6. the right to restriction of processing 
   7. notification obligation regarding rectification or erasure of personal data or restriction of processing 
   8. the right to data portability 
   9. the right to object  
   10. the right not to be subject to a decision based solely on automated processing, including profiling 
2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with: 
   1. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, The Norwegian Data Protection Authority (Datatilsynet), unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons; 
   2. the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons; 
   3. the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment); 
   4. the data controller’s obligation to consult the competent supervisory authority, The Norwegian Data Protection Authority (Datatilsynet), prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk. 
3. The parties shall define in Appendix C the appropriate technical and organizational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2. 

10. Notification of personal data breach

1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach. 
2. The data processor’s notification to the data controller shall, if possible, take place within 48 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR. 
3. In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:   
   1. The nature of the personal data including where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned;  
   2. the likely consequences of the personal data breach; 
   3. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.  
4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority. 

11. Erasure and return of data

1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data. 

12. Audit and inspection

1. The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller. 
2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.     
3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.  

13. The parties’ agreement on other terms

1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, if they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR. 

14. Commencement and termination

1. The Clauses shall become effective on the date the Organizer accepts the terms in the FrontCore Subscription Agreement, thereby formalizing their status as an FrontCore customer. 
2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.  
3. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties. 
4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses shall automatically terminate concurrently with the termination of the Subscription Agreement. 

15. Contact information Data Processor

If you have any questions regarding this Data Processing Agreement, you may contact us using the information below: 

https://www.frontcore.com  
Olaf Helsets vei 5
0694 Oslo
Norway
[email protected]
+4723227200   

Appendix A Information about the processing  

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is: 

The principal objective of FrontCore’s data processing activities on behalf of the Data Controller is to facilitate the efficient administration and management of educational courses and training programs. This encompasses the collection, organization, and management of data pertaining to course participants, instructors, and administrative personnel who have access to FrontCore Services. Additionally, FrontCore processes data related to the Data Controller’s customers and their employees who are granted access to FrontCore Services. The aim is to provide an integrated platform for effective training and learning management, as well as customer and participant management, and to maintain a detailed historical record of interactions between the customers, the course participants and the Data Controller. 

A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing): 

Collection, registration, organization, review, processing, transfer, storage, and deletion of personal data in the FrontCore system are carried out in connection with the Data Controller’s training and learning activities and for the purpose of performance of the Subscription Agreement. 

A.3. The processing includes, but is not limited to, the following types of personal data about data subjects: 

• Name (first, middle and last) 
• phone numbers, 
• e-mail addresses, 
• mailing addresses, 
• employer 
• profession/work position, 
• birthdate, 
• previous qualifications, 
• gender, 
• training history 
• other Organizer specific information the Organizer of an event request to process a booking 
• calendar details 
• Profile picture 

A.4. Processing includes, but is not limited to, the following categories of data subject: 

• Prospective training-/course participants 
• Instructors 
• Users employed by Organizer with access to FrontCore 
• Employees of customers of Organizers, for example course coordinators, HR personnel and course participants 

A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration: 

The processing is not time-limited and lasts until the termination of the Subscription Agreement. 

Appendix B Authorised sub-processors

B.1. Approved sub-processors

On commencement of the Clauses, the data controller authorizes the engagement of the following sub-processors: 

The data controller shall on the commencement of the Clauses authorize the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorization – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing without prior notice. 

It is important to note that FrontCore also engages with other processors, not in the capacity of a Data Processor on behalf of the customer, but solely in the role of a Data Controller. These processors are employed to enhance customer service, improve our services, and facilitate effective communication with our customers. 

Customers may request a comprehensive list of all processors that FrontCore uses in its role as a Data Controller. To obtain this list, please contact us at [email protected]. 

B.2. Prior notice for the authorization of sub-processors

The Data Processor may implement changes in the use of Sub-processors, provided that the Data Controller is notified and given the opportunity to object to the changes. Such notification must be received by the Data Controller no later than one month before the change takes effect, unless otherwise agreed in writing between the parties. 

If the Data Controller objects to the change, the Data Processor must be notified as soon as possible. The Data Controller cannot object to the change without a valid reason. 

Appendix C Instruction pertaining to the use of personal data

C.1. The subject of/instruction for the processing

The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following: 

Collection, registration, organization, review, processing, transfer, storage, and deletion of personal data in the FrontCore system are carried out in connection with the Data Controller’s training and learning activities and for the purpose of performance of the Subscription Agreement. 

C.2. Security of processing

Taking into account the nature, scope, context, and purposes of the processing activity, as well as the risks to the rights and freedoms of natural persons, it has been determined through a specific risk assessment that the processing does not require a high level of security. Essential elements to this level of security include: 

• Type of Data: The processing primarily involves non-sensitive personal data, such as names and contact information, which do not require special protection. 
• Volume of Data: The scope of personal data being processed is limited, further reducing the risk level. 
• Context: The data is processed in the context of training and learning management and customer engagement, which inherently involves lower risk activities. 
• Purpose: The purpose of the data processing aligns with the provision of educational courses and customer service, which are not high-risk activities. 
• Risk to Individuals: If the Data Controller chooses to collect small amounts of less serious health information, such as information about food allergies, these are considered to not have significant consequences if the information were to be disclosed. 

Based on these elements, the processing activity is deemed to not require a high level of security.  

Subsequent to the risk assessment and taking into account the nature, scope, context, and purposes of the processing activity, the Data Processor is both authorized and obligated to determine the technical and organizational security measures required to establish the agreed-upon level of data security. 

Nevertheless, the Data Processor shall, at a minimum and under all circumstances, implement these security measures: 

C.3. Assistance to the data controller 

The data processor shall, insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organizational measures: 

The Data Processor’s role is to provide comprehensive support to the Data Controller in fulfilling their obligations under GDPR Chapter III. This support includes, but is not limited to: 

• Assisting in timely responses to data subjects exercising their rights. 
• Providing necessary technical infrastructure to facilitate data portability, rectification, and erasure. 
• Aiding in the notification process in the event of a data breach. 
• Supporting the Data Controller in conducting Data Protection Impact Assessments (DPIAs) and consultations with competent supervisory authorities. 

The Data Processor shall offer this assistance to the extent possible, considering the nature of the data processing and the information available to the Data Processor. 

Technical Measures: 

• Encryption: All data will be encrypted during transfer and at rest. 
• Access Control: Only authorized personnel will have access to the data. 
• Monitoring: Continuous monitoring and alerts for unexpected system downtime. 
• Data Backup: Daily backups of data. 

Organizational Measures: 

• Training: Regular GDPR compliance training for staff involved in data processing. 
• Documentation: Maintaining records of all data processing activities. 
• Incident Response Plan: A well-documented and regularly updated plan for data breaches. 
• Consultation Support: Providing necessary data and insights for the Data Controller to conduct DPIAs and consult with supervisory authorities. 

By implementing these measures, the Data Processor aims to provide robust support to the Data Controller in complying with GDPR requirements, thereby ensuring the rights and freedoms of data subjects are upheld. 

C.4. Storage period/erasure procedures  

All personal data processed under this Data Processing Agreement shall be deleted without undue delay and no later than 30 calendar days after the termination of the Subscription Agreement. The same applies to any other relevant information managed on behalf of the Data Controller. The data may be deleted earlier upon request from the Data Controller. The Data Controller will have the opportunity to export all exportable data from the system within 30 calendar days after the termination of the Subscription Agreement. 

C.5. Processing location 

Personal data processing under the Clauses is restricted to the locations specified in the approved sub-processors list in Section B.1. Should there be a need to change the processing location, the Data Processor will provide at least 30 days’ prior written notice to the Data Controller. The Data Controller has the right to object to such a change, but objections must be based on valid reasons. 

C.6. Instruction on the transfer of personal data to third countries  

The Data Processor may transfer personal data to countries outside of the European Economic Area (EEA) under specific conditions. For such transfers, the Data Processor shall employ Standard Contractual Clauses (SCC) as approved by the European Commission. These clauses provide a legal framework ensuring that personal data transferred outside the EEA will be subject to an equivalent level of protection as if it remained within the EEA. The Data Processor commits to adhering to the obligations set forth in the SCC, thereby ensuring the protection and security of transferred data in accordance with applicable data protection laws. 

C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor 

1. Subject to section C.7.2, FrontCore shall make available to Data Controller on request all information necessary to demonstrate compliance with this DPA, and shall allow for and contribute to audits, including inspections, by any Data Controller or an auditor mandated by any Data Controller in relation to the Processing of the Personal Data by the Contracted Processors. 
2. Data Controller undertaking an audit shall give FrontCore reasonable notice of any audit or inspection to be conducted under section C.7.1 and shall make (and ensure that each of its mandated auditors makes) reasonable endeavors to avoid causing (or, if it cannot avoid, to minimize) any damage, injury or disruption to the Contracted Processors’ premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection. A Contracted Processor need not give access to its premises for the purposes of such an audit or inspection: 
   1. to any individual unless he or she produces reasonable evidence of identity and authority 
   2. outside normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis and Data Controller undertaking an audit has given notice to FrontCore that this is the case before attendance outside those hours begins; or 
   3. for the purposes of more than one audit or inspection, in respect of each Contracted Processor, every three years, except for any additional audits or inspections which: 
      1. Data Controller undertaking an audit reasonably considers necessary because of genuine concerns as to Contracted Processor’s compliance with this Addendum; or 
      2. Data Controller is required or requested to carry out by Data Protection Law, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Laws in any country or territory, where Data Controller undertaking an audit has identified its concerns or the relevant requirement or request in its notice to Data Controller of the audit or inspection. 
3. The relevant auditor must be subject to confidentiality obligations, either under an agreement or law. 
4. The data controller’s costs, if applicable, relating to physical inspection shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the inspection. 

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