Explore our Platform
Book a Meeting

Data Processor Agreement - for Compleye Online Platform

Last updated June 2026

Between:  
 
Compleye Coöperatie U.A. , Company number 76594289, correspondence address: at Kon. Wilhelminaplein 1 in Amsterdam, The Netherlands 

(”the data processor”) 

 

and 

all Customers of Compleye signing up for subscription of Compleye Online Platform.  

(”the data controller”) 

 

By signing up, both Compleye and Customers have agreed on the following Contractual Clauses to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject for the Data Processor.  

1. 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. 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 about the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). 
  3. In the context of the provision of Compleye Online Platform, the data processor will process personal data on behalf of the data controller in accordance with the Clauses. 
  4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties. 
  5. Annex A provides specific information about data processing of Compleye Online Platform and references to security measures.  

2. 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 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, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.  

3. 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.   
  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. 

4. 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.  
  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. 

5. Security of processing 

  1. Article 32 GDPR stipulates that, considering 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 organisational measures to ensure a level of security appropriate to the risk. 
  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 organisational 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. 

6. Use of sub-processors 

  1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR to engage another processor (a sub-processor). 
  2. The data processor has the data controller’s general authorisation for the engagement of sub-processors. Changes in sub-processors will be communicated with the data controller, thereby giving the data controller the opportunity to object to such changes. 
  3. 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 organisational 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. 
  4. 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.  

7. Transfer of data to third countries or international organisations 

  1. In case transfers to third countries or international organisations, 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 ensure appropriate security and legal measures have been taken following EU laws and regulations.  

8. Assistance of the data controller 

  1. Considering the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational 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. 
  2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, considering 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, Data, 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, 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. 

9. 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.  

    10. 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 upon request certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data. 

    11. 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. 

    12. 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. 

    13. Commencement and termination 

    1. The Clauses shall become effective on the date the data controller will have access to Compleye Online Platform. 
    2. Data processor will review and adjust this DPA on yearly base to be aligned with laws and regulations as well as the product and service delivered.

    14. Contact persons 

    1. Data Controller may contact Data Processer via: info@compleye.io concerning the clauses in the DPA.  
    2. Data Processor may contact the administrator of the Compleye Online Platform of Data Controller to inform about changes in DPA.