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European Parliament, DG European Parliamentary Research Service
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Direct Service Contract - Clause I.13.2 & Clause II.11.
Direct Service Contract - Clause I.13.2 & Clause II.11. We have a serious issue with the fact that the draft Service Contract cannot be changed related to Clause I.13.2 & Clause II.11. We cannot sign for clauses stating that we are a processor when we are according to GDPR a controller. For matters of clarification, in providing our information services, we act as a controller in the sense of applicable data protection laws. As you know, a controller is the natural or legal person who alone or jointly with others, determines the purposes and means of processing of personal data (cf. Art. 4 No. 7 GDPR). Regarding our information services, we alone determine what personal data we process for which kind of services in our database, how we technically process that data and how we make it available to our customers. And, the same consideration apply to log-in data, e.g. e-mail addresses of your employees, because we process them for the purpose of our IT security and rights management. We therefore kindly ask for your understanding that we cannot accept your data processor terms. Can you agree with our point of view and make amendments to Clause I.13.2 & Clause II.11 possible, we are willing to agree on Controller to Controller clauses?
Contracting authority cannot agree to make amendments to the clauses mentioned. The economic operators can submit questions only to clarify the tender documents. The subject procedure is an open procedure and not a negotiated procedure where negotiations can be conducted according to Financial Regulation only after submission of tenders.