172
service. In particular, statement of which subcontractors are used
in the local country or in countries with comparable data
protection laws. For example, the legal system (even if only
partially) to which the subcontractors are subject, what privacy
rights the subcontractor must observe, the substantive insolvency
laws that apply (access to data, separation rights, mandatory
provisions, official receiver, etc.).
1.1.5
Commitment that subcontractors are bound by the contractor to
the same obligations that the contractor agrees with the
customer.
1.2
Rules on changes in the contractual terms and conditions for
Cloud services
The following items must be taken into account, confirmed and stated in
sufficient detail in the contract:
1.2.1
Clarification of the form in which the contract will be made
available (e.g. electronically signed PDF or printed document) as
well as the approach to be taken in case of changes to the
contract.
1.2.2
Confirm that no unilateral changes to the terms of the contract
will be made.
1.2.3
List of sub‐contractors whose replacement requires the express
consent of the customer as well as the necessary process of how
that agreement will be achieved.
1.3
Rules concerning the termination of Cloud services
Rules on terminating the contract must be sufficiently taken into account,
confirmed and clarified in the contract:
1.3.1
Statement of the term of the contract, rules relating to
unequivocal reasons for termination and their deadlines for both
sides. Customer's (sic) special right of termination if the provider
changes important subcontractors (if keeping the current
subcontractor is not possible).
1.3.2
Statement of the provisions governing the participation of the
contractor in providing data after termination.