The subcontractor ensures, through planned, systematic, organisational and technical measures, adequate security of information regarding the confidentiality, integrity and accessibility of the processing of personal data, in accordance with the provisions of existing data protection legislation. The subcontractor only processes personal data on and in accordance with the instructions of the processor. The subcontractor does not process personal data without prior written agreement with the person in charge of the processing or without written instructions from the person in charge of processing beyond what is necessary to meet its obligations to the person in charge of the processing in accordance with the contract. The subcontractor must comply with all personal data protection provisions set out in this data processing agreement and applicable data protection legislation that are relevant to the processing of personal data. A confidentiality agreement (NDA) can be considered unilateral, bilateral or multilateral: the purpose of this data processing agreement is to regulate the processing of personal data by the subcontractor on behalf of the processing manager, while providing assistance and advice services in relation to SuperOffice CRM products. The use of confidentiality agreements increased in India and was subject to the Indian Contract Act 1872. In many cases, the use of an NOA is essential, for example. B to hire employees who develop patentable technologies when the employer intends to apply for a patent. Confidentiality agreements have become very important due to the growth of the Indian outsourcing industry. In India, an NDA must be stamped to be a valid enforceable document. The structure of an NDA-NDA is generally structured in two basic formats: a common NDA or a single-use NOA.
A single-use confidentiality agreement is appropriate when a single party transmits information to the other party. A mutual NOA is used when the two parties disclose confidential information for the purposes of the agreement. Customer data is stored and processed on client-controlled servers. The SuperOffice Consultant connects to the client`s computers/servers via a clean computer or computer. Data and systems are accessible in real time and customer data is not copied to a device that is not accepted and controlled by the customer. A multilateral NOA can be beneficial insofar as the parties concerned only re-examine, redevelop and implement it. This advantage can, however, be offset by more complex negotiations, which may be necessary to enable the parties concerned to reach a unanimous consensus on a multilateral agreement. In California (and some other U.S.
states), there are special circumstances regarding confidentiality agreements and non-compete clauses. California`s courts and legislatures have indicated that they value the mobility and entrepreneurship of a worker in general more than protectionist doctrines. [7] The subcontractor must immediately notify the person responsible for any breach of this data processing agreement, accidental, illegal or unauthorized access to personal data, the use or disclosure of personal data, or the fact that personal data may have been compromised or that the integrity of personal data has been breached. The subcontractor provides the processing manager with all necessary measures to ensure that the person in charge of the processing complies with applicable data protection rules and allows the processing managers to respond to all requests from the relevant data protection authorities. It is the responsibility of the person in charge of the processing to inform the data protection authority of anomalies in accordance with applicable law. This data processing agreement and confidentiality agreement are governed by the laws of the SuperOffice unit with which the customer enters into contracts: a confidentiality agreement (NDA