Data Privacy Requirements

These Data Privacy Requirements (“Appendix”) form part of the Agreement between Forcepoint and Contractor for the Contractor’s provision of Services to Forcepoint (“Services”). This Appendix reflects the parties’ agreement that Contractor will Process Personal Data provided by Forcepoint in compliance with applicable laws and Forcepoint’s Privacy Policy, which is incorporated into this Appendix by reference.

1. Acceptance of Terms

    1.1 “Agreement” means the agreement between Forcepoint and Contractor for the provision of Services by Contractor.

    1.2 “Contractor” means the company, affiliate, or other legal entity that is providing Services to Forcepoint pursuant to the Agreement. Contractor may also be referred to as “Vendor”, “Supplier” or “Seller” as identified in the Agreement or purchase order issued by Forcepoint. They may also be referred to as “Processor” for purposes of this Appendix.

    1.3 “Data Subject” means the natural person to whom the Personal Data relates.

    1.4 "EU Data Protection Law" means the EU laws regarding the Processing of Personal Data, including, without limitation, the General Data Protection Regulation 2016/679 (“GDPR”), and any subsequent or replacing European legislation.

    1.5 “Forcepoint” means, as the context requires: (i) Forcepoint LLC, a Delaware limited liability company with its principal place of business at 10900-A Stonelake Blvd., 3rd Floor, Austin, Texas 78759, USA; or (ii) Forcepoint International Technology Limited, with a principal place of business at Minerva House, Simmonscourt Road, Dublin 4, Ireland; (iii) Forcepoint Federal LLC, with a principal place of business at 12950 Worldgate Drive, Suite 600, Herndon, VA 20170; or (iv) a corporation or entity controlling, controlled by or under the common control of Forcepoint.

    1.6 “Personal Data”, sometimes referred to as “Personally Identifiable Information” or “PII”, means any information relating to an identified or identifiable natural person; an identifiable 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, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

    1.7 “Privacy Shield” means the EU-US Privacy Shield Framework, details of which are available at www.privacyshield.gov.

    1.8 “Privacy Shield Principles and Supplementary Principles” means the Privacy Shield principles, details of which are available at www.privacyshield.gov.

    1.9 “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

    1.10 “Process/Processing” means any operation or set of operations performed upon Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

    1.11 “Standard Contractual Clauses” / “SCC” means the standard contractual clauses set forth in EU Commission Decision (2010/87/EU) and any official amendments thereto. Forcepoint typically uses the Controller to Processor SCCs with its Contractors. The current version of the Controller to Processor SCCs are attached for convenience.

    1.12 “Subprocessor/Subcontractor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of a Processor.

    1.13 “Transfer” for purposes of this Appendix means the movement of data, by any means and regardless of media, from one place to another or the accessing of electronic data from any system or location other than the system or location where the data is stored.

 

2. Personal Data Processing

Contractor will ensure that it will (i) Process Personal Data provided by Forcepoint only in accordance with applicable laws, including without limitation EU Data Protection Laws, such as Article 28 of the GDPR; (ii) maintain records of its Processing activities in relation to Personal Data provided by Forcepoint; (iii) act in accordance with the terms of the Agreement, including this Appendix, or other instructions Forcepoint may provide; and (iv) Process provided Personal Data solely for the purposes of performing Contractor’s obligations and providing the agreed Services under the Agreement.

 

3. Transfers of Personal Data outside the EEA

    3.1 Contractor will not Process or Transfer Personal Data provided by Forcepoint outside the European Economic Area (“EEA”) or Switzerland without (i) providing reasonable prior written notice to Forcepoint, (ii) having Forcepoint’s approval, and (iii) taking all measures necessary to ensure that such Personal Data will be subject to an adequate level of protection in accordance with the requirements of EU Data Protection Law.

    3.2 With respect to Personal Data that the Contractor or its Subcontractors Process in and/or Transfer from the EEA or Switzerland to the United States of America Contractor will ensure it and its Subcontractors (i) maintain a current and valid Privacy Shield certification and (ii) adhere to the Privacy Shield Framework Principles and Supplementary Principles. If Contractor or its Subcontractors do not have Privacy Shield certification, the Contractor or its Subcontractors will comply with the Standard Contractual Clauses and may be required by Forcepoint to execute other data privacy and security terms.

    3.3 With respect to Personal Data that the Contractor or its Subcontractors Process in or Transfer to any country that has been determined as not offering Personal Data protection commensurate with EU Data Protection Laws the Contractor or its Subcontractors will comply with the Standard Contractual Clauses and may be required by Forcepoint to execute other data privacy and security terms.

    3.4 For the purposes of the SCC and Clause 3, the Data Exporter shall be Forcepoint and the Data Importer shall be the Contractor.

 

4. Security Measures

Contractor will ensure that it has in place, and undertake to maintain throughout the time it possesses Personal Data provided by Forcepoint, (i) appropriate technical and organisational measures against the accidental, unauthorised or unlawful Processing, destruction, loss, damage or disclosure of Personal Data provided by Forcepoint; (ii) adequate security programs and procedures to ensure that unauthorised persons do not have access to such Personal Data or to any equipment used to Process such Personal Data; and (iii) that such technical and organisational security measures will (as a minimum) include the following measures:

  1. encrypt all portable devices and media that hold Personal Data provided to Contractor by Forcepoint using encryption standards in accordance with applicable laws, regulations and guidelines;
  2. take all reasonable care with the handling of communications (including post, fax and email) to ensure the protection of Personal Data provided to Contractor by Forcepoint;
  3. securely dispose of all paper waste and all redundant computer and other related assets used for Processing Personal Data provided to contractor by Forcepoint in accordance with NIST 800-88;
  4. ensure information security controls are in place, adequate and aligned to ISO 27001 and/or NIST 800-83;
  5. ensure the ongoing confidentiality, integrity, availability and resilience of Contractor processing systems and Services;
  6. ensure the ability to restore the availability and access to Personal Data provided to Contractor by Forcepoint in a timely manner in the event of a physical or technical incident;
  7. ensure Contractor has a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measure for ensuring the security of the processing.

 

5. Training and confidentiality obligations of Employees and subcontractors

Contractor will ensure that Contractor employees, agents, subcontractors and other personnel who deal with Personal Data provided by Forcepoint (i) receive appropriate training to ensure that Personal Data provided by Forcepoint is handled securely and in accordance with the terms of this Appendix; and (ii) are bound by industry standard obligations of confidentiality as regards all such Personal Data.

 

6. Data Breach Notification

In the event of any accidental, unauthorised or unlawful Processing, access, destruction, loss, damage or disclosure of Personal Data provided to Contractor (“Data Breach”), Contractor will (i) comply with applicable laws, (ii) notify Forcepoint within forty-eight (48) hours of Data Breach discovery; (iv) immediately take reasonable and appropriate steps to remediate such Data Breach, and (v) comply with all reasonable requests in a timely manner of Forcepoint as regards the remediation and investigation of the Data Breach.

The Contractor’s Data Breach notification will include such information as the nature of the breach, categories of Personal Data impacted by the Data Breach, the number of data subjects, the types of records concerned, the likely consequences, and proposed or taken measures.

Contractor shall promptly reimburse Forcepoint for all costs incurred by Forcepoint in responding to and mitigating the Data Breach.

 

7. Subcontracting

Contractor will not subcontract the Processing of Personal Data provided by Forcepoint unless (i) Contractor provides reasonable prior notice to Forcepoint, (ii) Forcepoint does not object (acting reasonably) to such subcontracting; and (iii) Contractor has in place a signed contract with such subcontractor setting out terms for the Processing of such Personal Data that are no less onerous than those the Contractor is required to satisfy under the terms of the Agreement, this Appendix, and Forcepoint’s written instructions. Contractor will remain liable to Forcepoint for the actions and omissions of Contractor subcontractors. Upon request by Forcepoint, Contractor will provide a list of subcontractors who Process Personal Data that Forcepoint provides to the Contractor as well as a copy of the relevant extracts of the contract between Contractor and the subcontractor relating to such Processing. If Forcepoint has a reasonable basis to object to Contractor’s use of a subcontractor, then Forcepoint may terminate the Agreement by providing written notice to the Contractor.

 

8. Enquiries and Requests

Contractor will immediately inform Forcepoint if it receives any enquiry, complaint or claim from any court, governmental official, third parties or individuals, including but not limited to, any Data Subjects or Supervisory Authorities as defined under GDPR. In relation to such requests received by Contractor or Sub-processor, or any such request received directly by Forcepoint, Contractor and Sub-processor will provide Forcepoint timely support and cooperation in responding to any such request. Should Forcepoint, on the basis of applicable law, be obliged to provide access or information to a Data Subject about the Processing of Personal Data relating to him or her, Contractor will, without levying a fee, promptly assist Forcepoint in providing such access or information.

 

9. Auditing

Contractor will, upon reasonable written notice of Forcepoint and during regular business hours, submit Contractor facilities, data files and documentation related to the Processing the Personal Data provided to Contractor (and/or those of Contractor agents, affiliates and sub-processors) to review and/or audit by Forcepoint (or any independent or impartial inspection, agents or auditors bound by a duty of confidentiality, selected by Forcepoint and not reasonably objected to by Contractor) to ascertain compliance with the obligations in this Appendix, the Agreement, and applicable laws which govern the Processing of such Personal Data. If Forcepoint, in its sole discretion, believes that Contractor (or Contractor agents, affiliates or subcontractors) are in breach of any of the obligations under this Appendix, the Agreement, or applicable laws which govern Personal Data provided to Contractor by Forcepoint, the requirement for Forcepoint to give reasonable notice under this Section shall not apply.

 

10. Termination and Return of Personal Data provided to Contractor by Forcepoint on Termination

    10.1 Forcepoint will be entitled to terminate the Agreement in the event of non-compliance by Contractor with this Appendix. Upon termination, Contractor (and its agents, affiliates or subcontractors) will immediately cease all processing of Personal Data provided to Contractor by Forcepoint; and upon request by Forcepoint, either (i) return (in a format accessible by Forcepoint) all such Personal Data; or (ii) destroy or otherwise render inaccessible all Personal Data provided to Contractor by Forcepoint (as far as technically possible and except as may be required by law) and provide confirmation in writing of such destruction.

    10.2 If the Contractor or its Subcontractors establish to Forcepoint’s satisfaction that they have a lawful basis to retain Personal Data provided by Forcepoint, Contractor warrants that it will (i) ensure the confidentiality of the Personal Data, (ii) not use the Personal Data post termination for any reason other than to comply with applicable law, and (iii) will destroy or return the data once they no longer have a lawful requirement to retain it. This provision survives the termination of relevant Agreements and applies for the time the Contractor continues to possess the Personal Data.

 


 

 

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

Name of the data exporting organisation: …
Address: …
Tel. …;
fax …;
e-mail: …
Other information needed to identify the organisation

(the data exporter)
And
Name of the data importing organisation: …
Address: …
Tel. …;
fax …;
e-mail: …
Other information needed to identify the organisation:

(the data importer)
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:

  1. ‘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 (1);
  2. ‘the data exporter’ means the controller who transfers the personal data;
  3. ‘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;
  4. ‘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;
  5. ‘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;
  6. ‘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 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.

Clause 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,
  3. The data subject can enforce against the sub-processor 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 sub-processor 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.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

  1. 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;
  2. 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;
  3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
  4. 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;
  5. that it will ensure compliance with the security measures;
  6. 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;
  7. 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;
  8. 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;
  9. 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
  10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer (2)

The data importer agrees and warrants:

  1. 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;
  2. 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;
  3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
  4. that it will promptly notify the data exporter about:
    1. 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;
    2. any accidental or unauthorised access; and
    3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
  5. 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;
  6. 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;
  7. 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;
  8. that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
  9. that the processing services by the sub-processor will be carried out in accordance with Clause 11;
  10. to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

The data importer agrees and warrants:

  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 and warrants:

  1. 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:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. to refer the dispute to the courts in the Member State in which the data exporter is established.
  2. 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

  1. 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.
  2. 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.
  3. 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, namely …

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

Sub-processing

  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 (3). 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, namely …
  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.

On behalf of the data exporter:

Name (written out in full): …

Position: …

Address: …

Other information necessary in order for the contract to be binding (if any):

 

 

 

 


On behalf of the data importer:

Name (written out in full): …

Position: …

Address: …

Other information necessary in order for the contract to be binding (if any):

 

 

 

 


(1) Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone.

(2) Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.

(3) This requirement may be satisfied by the sub-processor co-signing the contract entered into between the data exporter and the data importer under this Decision.

 

 

Appendix 1
to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the parties. 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 description of the data exporter activities relevant to the transfer will be tailored to the specific details of the arrangement and completed at the time the Clauses are prepared.

Data importer
The description of the data importer activities relevant to the transfer will be tailored to the specific details of the arrangement and completed at the time the Clauses are prepared.

Data subjects

Data subjects within scope of covered transfers may include, but not be limited to, data subjects:

  • Past, present, potential and future staff of Forcepoint;
  • Relatives, beneficiaries, parents, and guardians of Forcepoint staff;
  • Past, present and prospective customers / subscribers / clients of Forcepoint, including visitors to websites owned and operated by Forcepoint (“Forcepoint Customers”);
  • Past, present and potential advisors, consultants, suppliers, contractors, subcontractors and other professionals engaged by Forcepoint and related staff (“Forcepoint Suppliers”;
  • Individuals from which Forcepoint Customers collect Personal Data through their use of the Forcepoint products and services;

 

Categories of data
Personal data within the scope of covered transfers may include, but not be limited to, data:

  • Forcepoint Employee Data, including without limitation, personal data, national identifiers, academic and professional qualifications, financial data, employment details, IT related data, lifestyle
  • Forcepoint Customer Product Data, including without limitation, Forcepoint Customer Subscriber ID information, Communication information, Traffic data
  • Forcepoint business data relating to Forcepoint Customers that is transferred in the delivery of the Services
  • Forcepoint business data relating to Forcepoint Suppliers that is transferred in the delivery of the Services

Special categories of data (if appropriate)
The personal data transferred may concern Sensitive Data as defined under GDPR.

Processing operations
The Personal Data transferred will be subject to such processing activities required to fulfill the contractual obligations of Contractor to Forcepoint to deliver the Services under the Agreement, including without limitation, Processing required to manage and administer Forcepoint employee-related activities and Forcepoint Customer / Supplier services.

DATA EXPORTER
Name: …
Authorised Signature …

 

DATA IMPORTER
Name: …
Authorised Signature …

 

 

Appendix 2
to the Standard Contractual Clauses

Technical and Organisational Security Measures

The Contractor/Data Importer will be expected to implement technical and organisational security measures that include, but are not limited to:

  1. encrypt all portable devices and media that hold Personal Data provided to Contractor by Forcepoint using encryption standards in accordance with applicable laws, regulations and guidelines;
  2. take all reasonable care with the handling of communications (including post, fax and email) to ensure the protection of Personal Data provided to Contractor by Forcepoint;
  3. securely dispose of all paper waste and all redundant computer and other related assets used for Processing Personal Data provided to contractor by Forcepoint in accordance with NIST 800-88, and its successor or replacement;
  4. ensure information security controls are in place, adequate and aligned to ISO 27001 and/or NIST 800-83 and their successors or replacement;
  5. ensure the ongoing confidentiality, integrity, availability and resilience of Contractor’s/Data Importer’s processing systems and services;
  6. ensure it has the ability to restore the availability and access to Personal Data provided by Forcepoint in a timely manner in the event of a physical or technical incident;
  7. ensure it has a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measure for ensuring the security of the processing.