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11. Subprocessing

Past version: effective from 21/10/2015 - 20/10/2015
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(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 Subprocessor which imposes the same obligations on the Subprocessor as are imposed on the Data Importer under the Clauses. This may be satisfied by the Subprocessor executing and becoming bound contractually by the Clauses as entered into between the Data Exporter and the Data Importer. 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.
(2) 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 Clause 6(1) 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.
(3) The provisions relating to data protection aspects for subprocessing of the contract referred to in sub-clause (1) shall be governed by the law of the Abu Dhabi Global Market.
(4) 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 made available to the Registrar.