set out in Annex 2 for consulting services in excess of four hours per year.” 14 4 Annex 3, Clause Public clouds vendors In accordance with the answer 2017 8, first paragraph cannot build their standard provided to Question no. 11 operating procedures to above, the Ministry of Taxation accommodate specific will amend the wording of the first requirements from a paragraph of Clause 8 of Annex particular customer. It is e.g. 3, to read the following: impossible for any public cloud vendor on the market Processor’s right to enter “The to operate a public cloud, into agreements with another data which normally requires processor, e.g. a sub-dataprocessor, several sub-suppliers, if it regarding the processing of Data would require acceptance covered by the Processing from each and any customer Agreement, is subject to the to engage sub-suppliers. provisions of Clause 9 of the Would Skatteministeriet, on Contract. that basis, accept to change If the Processor in accordance with the first paragraph of clause said Clause 9 has the right to use 8 to the following: a sub-dataprocessor, the engaging Controller agrees that of such sub-dataprocessor shall “The the Processor is entitled to take place in accordance with the engage sub-dataprocessors. provisions stipulated below.” The Processor will, on request from the Controller, provide a list of including their addresses. When engaging sub-dataprocessors the Processor shall conclude agreements with the to bind them to obligations which are essentially the same as those set out in this Data Processing Agreement. To the extent required, the Controller explicitly mandates the Processor to sign these agreements directly with the
set out in Annex 2 for consulting services in excess of four hours per year.” 14 4 2017 Annex 3, Clause 8, first paragraph Public clouds vendors cannot build their standard operating procedures to accommodate specific requirements from a particular customer. It is e.g. impossible for any public cloud vendor on the market to operate a public cloud, which normally requires several sub-suppliers, if it would require acceptance from each and any customer to engage sub-suppliers. Would Skatteministeriet, on that basis, accept to change the first paragraph of clause 8 to the following: “The Controller agrees that the Processor is entitled to engage sub-dataprocessors. The Processor will, on request from the Controller, provide a list of including their addresses. When engaging sub-dataprocessors the Processor shall conclude agreements with the to bind them to obligations which are essentially the same as those set out in this Data Processing Agreement. To the extent required, the Controller explicitly mandates the Processor to sign these agreements directly with the In accordance with the answer provided to Question no. 11 above, the Ministry of Taxation will amend the wording of the first paragraph of Clause 8 of Annex 3, to read the following: “The Processor’s right to enter into agreements with another data processor, e.g. a sub-dataprocessor, regarding the processing of Data covered by the Processing Agreement, is subject to the provisions of Clause 9 of the Contract. If the Processor in accordance with said Clause 9 has the right to use a sub-dataprocessor, the engaging of such sub-dataprocessor shall take place in accordance with the provisions stipulated below.”