Data processing agreement

Version 2026-10-21b

These are the standard contractual clauses for data processing agreements adopted by the Danish Data Protection Agency (Datatilsynet) under Article 28(8) GDPR, version 1.2 of January 2020, filled in for CBAM Wise. The wording of the Clauses is Datatilsynet's; we have filled in only what the template leaves open: the service, the choice between options, the time limits, the signature and contact points, and Appendices A to D.

Standard Contractual Clauses for the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)

between

the customer that uses CBAM Wise, with the name, CVR or other registration number and address recorded in its CBAM Wise workspace (the data controller)

and

SaiNova Solution, CVR 45565092, Esbjerg, Denmark (the data processor)

each a ‘party’; together ‘the parties’

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.

2. Preamble

2.1. 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.

2.2. 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 with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

2.3. In the context of the provision of CBAM Wise, software provided as a service for the EU Carbon Border Adjustment Mechanism (CBAM), the data processor will process personal data on behalf of the data controller in accordance with the Clauses.

2.4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties.

2.5. Four appendices are attached to the Clauses and form an integral part of the Clauses.

2.6. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.

2.7. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.

2.8. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.

2.9. Appendix D contains provisions for other activities which are not covered by the Clauses.

2.10. The Clauses along with appendices shall be retained in writing, including electronically, by both parties.

2.11. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.

3. The rights and obligations of the data controller

3.1. 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 or Member State data protection provisions and the Clauses.

3.2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.

3.3. 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.

4. The data processor acts according to instructions

4.1. 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. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.

4.2. 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.

5. Confidentiality

5.1. 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. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.

5.2. 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.

6. Security of processing

6.1. Article 32 GDPR stipulates that, taking into account 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.

The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:

a. Pseudonymisation and encryption of personal data;

b. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;

c. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

d. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

6.2. 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.

6.3. 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.

If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C.

7. Use of sub-processors

7.1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).

7.2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorisation of the data controller.

7.3. The data processor has the data controller’s general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B.

7.4. 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.

7.5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.

7.6. [Not used: optional clause.]

7.7. 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. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

8. Transfer of data to third countries or international organisations

8.1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.

8.2. 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 shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.

8.3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:

a. transfer personal data to a data controller or a data processor in a third country or in an international organization

b. transfer the processing of personal data to a sub-processor in a third country

c. have the personal data processed in by the data processor in a third country

8.4. The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.

8.5. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.

9. Assistance to the data controller

9.1. Taking into account 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.

This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:

a. the right to be informed when collecting personal data from the data subject

b. the right to be informed when personal data have not been obtained from the data subject

c. the right of access by the data subject

d. the right to rectification

e. the right to erasure (‘the right to be forgotten’)

f. the right to restriction of processing

g. notification obligation regarding rectification or erasure of personal data or restriction of processing

h. the right to data portability

i. the right to object

j. the right not to be subject to a decision based solely on automated processing, including profiling

9.2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

a. 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, the Danish Data Protection Agency (Datatilsynet) or, where another supervisory authority is competent for the data controller, that authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;

b. 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;

c. 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);

d. the data controller’s obligation to consult the competent supervisory authority, the Danish Data Protection Agency (Datatilsynet) or, where another supervisory authority is competent for the data controller, that 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.

9.3. The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.

10. Notification of personal data breach

10.1. 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.

10.2. 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.

10.3. 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:

a. The nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;

b. the likely consequences of the personal data breach;

c. 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.

10.4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.

11. Erasure and return of data

11.1. On termination of the provision of personal data processing services, the data processor shall be under obligation to return all the personal data to the data controller and delete existing copies unless Union or Member State law requires storage of the personal data.

11.2. No EU or Member State law applicable to the data processor requires storage of the personal data after the termination of the provision of personal data processing services.

12. Audit and inspection

12.1. 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.

12.2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.

12.3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.

13. The parties’ agreement on other terms

13.1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as 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.

14. Commencement and termination

14.1. The Clauses shall become effective on the date of both parties’ signature.

14.2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.

14.3. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.

14.4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.

14.5. Signature

On behalf of the data controller: the owner of the data controller's CBAM Wise workspace who accepts the CBAM Wise Terms of Service, of which the Clauses are part. CBAM Wise records who accepted, the date and the version of each acceptance (Appendix D.2).

On behalf of the data processor: Swati Upadhyay, SaiNova Solution. Date: the date of this version. Signature: given electronically by making this version available in CBAM Wise (Appendix D.2).

15. Data controller and data processor contacts/contact points

15.1. The parties may contact each other using the following contacts/contact points:

Data controller: the owners of the CBAM Wise workspace, at the names and email addresses recorded there.

Data processor: Swati Upadhyay, SaiNova Solution, telephone +45 24 34 52 42, e-mail [email protected], also for personal data breaches and security.

15.2. The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.

Appendix A. Information about the processing

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:

Providing CBAM Wise to the data controller, so that it can meet its obligations under the EU Carbon Border Adjustment Mechanism (Regulation (EU) 2023/956): working out which imported goods are covered and the yearly 50 tonne threshold, obtaining and keeping emissions data from suppliers, calculating embedded emissions, certificates and costs, preparing its CBAM declaration and keeping the records the regulation requires.

A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):

Storage, reading, structuring, calculation, display and export of the data the data controller's users upload or enter (customs declarations, goods lines, supplier and installation data), emails to supplier contacts that the data controller's users send through CBAM Wise (requests, reminders), reception of the data suppliers return through a secure link, backup, logging of changes (audit log), and erasure.

A.3. The processing includes the following types of personal data about data subjects:

Users of the data controller: name, work email address, role in the workspace, login and session records (time, IP address, browser type), two-factor login settings, and the actions they take in CBAM Wise (audit log). Supplier and installation contacts: name, work email address, telephone number, job title, the company they work for, and the messages and data they send through CBAM Wise. Persons named in customs documents (for example sole traders acting as exporters, importers or representatives, and contact persons): name, address, EORI or VAT number and the customs data in the document. CBAM Wise does not need special categories of personal data (Article 9 GDPR), data on criminal convictions (Article 10 GDPR) or national identification numbers (CPR), and the data controller should not upload them.

A.4. Processing includes the following categories of data subject:

Employees of the data controller and outside filers (customs brokers, consultants) who use CBAM Wise on its behalf; contact persons at suppliers and installations outside the EU; persons named in customs documents.

A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

For as long as the data controller uses CBAM Wise, then until the erasure described in Appendix C.4.

Appendix B. Authorised sub-processors

B.1. Approved sub-processors

On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:

The data controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorisation – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.

The providers' own lists of sub-processors and data processing agreements: DigitalOcean's sub-processors (https://www.digitalocean.com/trust/subprocessors); DigitalOcean's data processing agreement (https://www.digitalocean.com/legal/data-processing-agreement). Not a sub-processor for workspace data, listed for transparency: Microsoft Ireland Operations Ltd. (Microsoft 365) (Our support inbox ([email protected]): messages customers and website visitors send us).

B.2. Prior notice for the authorisation of sub-processors

The data processor informs the data controller of an intended addition or replacement of a sub-processor at least 30 days in advance (Clause 7.3), by email to the owners of the data controller's CBAM Wise workspace and on the /dpa page of CBAM Wise.

The same applies to changes in the sub-processors of the data processor's sub-processors that affect the data controller's personal data (for example a change DigitalOcean announces): the data processor passes on the notice it receives within 5 working days, so that the data controller can object before the change takes effect.

The data controller may object on reasonable data protection grounds within the notice period. If the objection cannot be resolved, the data controller may end the contract with effect before the change takes effect.

Appendix C. Instruction pertaining to the use of personal data

C.1. The subject of/instruction for the processing

The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:

Providing CBAM Wise as described in the Terms of Service and Appendix A. The data controller's use of CBAM Wise (uploading, entering, sending requests to suppliers, approving, exporting and deleting) is its documented instruction; every such action is recorded in the audit log.

C.2. Security of processing

The level of security shall take into account:

That the processing concerns business data and ordinary personal data (names and work contact details of business contacts and users, persons named in customs documents), no special categories of personal data, and records the data controller must keep for several years; a level of security suited to business-critical data with confidentiality and integrity requirements is established.

The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.

The data processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the data controller:

Pseudonymisation and encryption: all connections use TLS 1.2 or higher; the database and its backups are encrypted at rest by the hosting provider; passwords are stored only as secure hashes; error reports and product statistics, when switched on, contain no personal data, only internal ID numbers.

Confidentiality, integrity, availability and resilience: each customer's data is separated by row-level security in the database, so one company's data cannot be read in another company's session; personal logins with roles per company; two-factor login required for owners, filers and platform administrators; every change to compliance data is recorded in an append-only, hash-chained audit log; the database runs with a standby node; uploaded files are checked for viruses before they are stored.

Restoring availability: daily backups of the database with point-in-time recovery; a restore is tested before launch and at least once a year.

Regular testing: every change to CBAM Wise passes automated tests before release; these measures are reviewed at least once a year and after any personal data breach.

Access to data online: only over HTTPS through the CBAM Wise application; access ends automatically on the end date the owners set; sessions expire after 7 days; logins are rate-limited.

Protection during transmission: TLS for every connection, including the email relay; connections pass through the hosting provider's network (Cloudflare, Appendix B) only in transit.

Protection during storage: data, backups and logs are stored in the EU (DigitalOcean, Frankfurt); the database is reachable only from the application over a private network; files are kept in a private bucket accessible only with a key limited to that bucket.

Physical security: the data processor runs no servers of its own; the data centres are DigitalOcean's, under its physical security measures.

Home/remote working: the data processor's staff work remotely on devices with disk encryption, screen lock and up-to-date software, and use two-factor login for every administrative account; personal data is not copied to local devices, except when the data controller asks for support that needs it, and is then deleted when the support is done.

Logging: changes to compliance data (who, what, when) in the audit log, which cannot be changed afterwards; logins and sessions with time and IP address; application logs are kept in the EU.

C.3. Assistance to the data controller

The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:

CBAM Wise lets the data controller find, export, correct and delete the personal data in its workspace, and block data it must keep (legal hold). If a data subject contacts the data processor directly about the data controller's data, the data processor passes the request on within 5 working days and does not answer it itself. In case of a personal data breach, the data processor gives the information listed in Clause 10.3 as far as it has it, by email to the owners of the workspace, and adds to it as it learns more. For impact assessments and prior consultations, the data processor provides the description of the processing and of these measures, and answers the data controller's reasonable written questions.

C.4. Storage period/erasure procedures

Personal data is kept as long as the data controller keeps it in its workspace; the data controller can delete it, and set retention dates, at any time. Upon termination of the provision of personal data processing services, the data controller can export all of its data until the end date (return, Clause 11.1); the data processor then deletes the workspace and its files within 30 days, and the backups that contain them are overwritten within a further 30 days.

C.5. Processing location

Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:

DigitalOcean data centre Frankfurt (fra1), Germany: all data, backups and logs. Brevo, France: emails. Sentry (EU region) and PostHog (EU cloud), Germany: only when switched on, and without personal data beyond internal ID numbers. Cloudflare's network: connections in transit (Appendix B). The data processor's staff, from the EU/EEA.

C.6. Instruction on the transfer of personal data to third countries

The data controller instructs the data processor to allow the following transfers: (a) connections to CBAM Wise pass through the global network of Cloudflare, Inc. (USA), DigitalOcean's sub-processor, in transit; (b) DigitalOcean, LLC, Functional Software, Inc. (Sentry) and PostHog, Inc. are US companies whose staff may access data stored in the EU for support and security.

Basis under Chapter V GDPR: the adequacy decision for the EU-US Data Privacy Framework (Commission Implementing Decision (EU) 2023/1795) for the certified companies, and the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) as fallback, as set out in each sub-processor's data processing agreement.

If the data controller does not in the Clauses or subsequently provide documented instructions pertaining to the transfer of personal data to a third country, the data processor shall not be entitled within the framework of the Clauses to perform such transfer.

C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor

Once a year, and after a personal data breach, the data processor gives the data controller on request, at the data processor's expense, a written statement on its compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses: an up-to-date description of the measures in C.2 and answers to the data controller's reasonable written questions. The data controller may contest the scope and/or methodology of the statement and may request further measures to ensure compliance.

The data controller or an independent auditor it mandates, bound to confidentiality, may in addition inspect, including physically inspect, the places where the processing is carried out by the data processor, with at least 30 days' notice and at most once a year, unless there has been a personal data breach or a supervisory authority requires it. The data controller’s costs relating to the inspection shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the inspection.

C.8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors

Once a year the data processor reviews the independent audit reports and certifications its sub-processors make available, and their data processing agreements. Documentation of this review shall without undue delay be submitted to the data controller on request, as far as the sub-processors allow it to be shared. The data controller may contest the scope and/or methodology of the review and may request further measures to ensure compliance.

The data controller’s participation in an inspection of a sub-processor shall not alter the fact that the data processor continues to bear the full responsibility for the sub-processor’s compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.

Appendix D. The parties’ terms of agreement on other subjects

D.1. Relation to the Terms of Service. The Clauses are part of the CBAM Wise Terms of Service. As allowed by Clause 13, the parties' liability towards each other follows the Terms of Service (clause 8); this does not limit the rights of data subjects under the GDPR.

D.2. Conclusion and signature. The Clauses are concluded electronically. The data controller signs when the owner of its workspace accepts the Terms of Service in CBAM Wise; CBAM Wise records who accepted, the date and the version. The data processor signs by making this version available in CBAM Wise. On request, the data processor also signs a copy by hand or with an electronic signature.

D.3. Instructions the data processor considers unlawful (Clause 4.2). After informing the data controller, the data processor may suspend carrying out the instruction until the data controller confirms or changes it in writing.

D.4. Changes. The data processor may change Appendices B and C: sub-processors only as set out in Clause 7.3 and Appendix B.2, and security measures only without lowering the overall level of protection. A new version is announced by email to the owners of the workspace and shown at the next login.

D.5. Costs. The assistance under Clauses 9 and 10 and Appendix C.3 is included in the price of CBAM Wise. Inspections under Appendix C.7 are at the data controller's own cost.

D.6. Language. The Clauses exist in English and Danish, in Datatilsynet's official wording; the filled-in parts of the Danish version are translated from English. If the versions differ, the English version prevails.