{"id":9256,"date":"2024-11-27T09:25:47","date_gmt":"2024-11-27T09:25:47","guid":{"rendered":"https:\/\/dev-spanflug.c-465.maxcluster.net\/gtcs\/"},"modified":"2026-08-21T11:50:26","modified_gmt":"2026-08-21T11:50:26","slug":"dpa","status":"publish","type":"page","link":"https:\/\/spanflug.de\/en\/dpa\/","title":{"rendered":"dpa"},"content":{"rendered":"\t
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Data Processing Agreement Spanflug<\/h2>\n\t\t\t\t\t\t\n\t\t\t\n\t\t\t\t
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Last updated on: 21 August 2026<\/em><\/p>\n

This data processing agreement of Spanflug Technologies GmbH (“Spanflug”) applies in addition to the General Terms and Conditions of Spanflug Technologies GmbH<\/u><\/a> (“GTC”).<\/p>\n

Standard data protection clauses (Art. 28(7) GDPR) pursuant to Commission<\/strong><\/p>\n

Implementing Decision (EU) 2021\/915 of 4 June 2021 on standard contractual clauses<\/strong><\/p>\n

between controllers and processors<\/strong><\/p>\n

SECTION I<\/h2>\n

Clause 1<\/h3>\n

Purpose and scope<\/h4>\n

(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 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).<\/p>\n

(b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016\/679.<\/p>\n

(c) These Clauses apply to the processing of personal data as specified in Annex II.<\/p>\n

(d) Annexes I to IV are an integral part of the Clauses.<\/p>\n

(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016\/679.<\/p>\n

(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016\/679.<\/p>\n

Clause 2<\/h3>\n

Invariability of the Clauses<\/h4>\n

(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.<\/p>\n

(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.<\/p>\n

Clause 3<\/h3>\n

Interpretation<\/h4>\n

(a) Where these Clauses use the terms defined in Regulation (EU) 2016\/679 respectively, those terms shall have the same meaning as in that Regulation.<\/p>\n

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016\/679 respectively.<\/p>\n

(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016\/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.<\/p>\n

Clause 4<\/h3>\n

Hierarchy<\/h4>\n

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.<\/p>\n

Clause 5<\/h3>\n

N\/A<\/p>\n

SECTION II<\/h2>\n

OBLIGATIONS OF THE PARTIES<\/h2>\n

Clause 6<\/h3>\n

Description of processing(s)<\/h4>\n

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.<\/p>\n

Clause 7<\/h3>\n

Obligations of the Parties<\/h4>\n

7.1. Instructions<\/strong><\/p>\n

(a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.<\/p>\n

(b) The processor shall immediately inform the controller if, in the processor\u2019s opinion, instructions given by the controller infringe Regulation (EU) 2016\/679 or the applicable Union or Member State data protection provisions.<\/p>\n

7.2. Purpose limitation<\/strong><\/p>\n

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.<\/p>\n

7.3. Duration of the processing of personal data<\/strong><\/p>\n

Processing by the processor shall only take place for the duration specified in Annex II.<\/p>\n

7.4. Security of processing<\/strong><\/p>\n

(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.<\/p>\n

(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.<\/p>\n

7.5. Sensitive data<\/strong><\/p>\n

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person\u2019s sex life or sexual orientation, or data relating to criminal convictions and offences (\u201csensitive data\u201d), the processor shall apply specific restrictions and\/or additional safeguards.<\/p>\n

7.6. Documentation and compliance<\/strong><\/p>\n

(a) The Parties shall be able to demonstrate compliance with these Clauses.<\/p>\n

(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.<\/p>\n

(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016\/679. At the controller\u2019s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.<\/p>\n

(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.<\/p>\n

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority\/ies on request.<\/p>\n

7.7. Use of sub-processors<\/strong><\/p>\n

(a) The processor has the controller\u2019s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 14 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.<\/p>\n

(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016\/679.<\/p>\n

(c) At the controller\u2019s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.<\/p>\n

(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor\u2019s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.<\/p>\n

(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby -in the event the processor has factually disappeared, ceased to exist in law or has become insolvent – the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.<\/p>\n

7.8. International transfers<\/strong><\/p>\n

(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016\/679 or Regulation (EU) 2018\/1725.<\/p>\n

(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016\/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016\/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016\/679, provided the conditions for the use of those standard contractual clauses are met.<\/p>\n

Clause 8<\/h3>\n

Assistance to the controller<\/h4>\n

(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.<\/p>\n

(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects\u2019 requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller\u2019s instructions (c) In addition to the processor\u2019s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:<\/p>\n

(1) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a \u2018data protection impact assessment\u2019) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;<\/p>\n

(2) the obligation to consult the competent supervisory authority\/ies 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 controller to mitigate the risk;<\/p>\n

(3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;<\/p>\n

(4) the obligations in Article 32 of Regulation (EU) 2016\/679.<\/p>\n

(d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.<\/p>\n

Clause 9<\/h3>\n

Notification of personal data breach<\/h4>\n

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016\/679 or under Articles 34 and 35 of Regulation (EU) 2018\/1725, where applicable, taking into account the nature of processing and the information available to the processor.<\/p>\n

9.1 Data breach concerning data processed by the controller<\/strong><\/p>\n

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:<\/p>\n

(a) in notifying the personal data breach to the competent supervisory authority\/ies, without undue delay after the controller has become aware of it, where relevant\/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);<\/p>\n

(b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016\/679, shall be stated in the controller\u2019s notification, and must at least include:<\/p>\n

(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;<\/p>\n

(2) the likely consequences of the personal data breach;<\/p>\n

(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.<\/p>\n

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.<\/p>\n

(c) in complying, pursuant to Article 34 of Regulation (EU) 2016\/679, with the obligation to communicate without undue delay 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.<\/p>\n

9.2 Data breach concerning data processed by the processor<\/strong><\/p>\n

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:<\/p>\n

(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);<\/p>\n

(b) the details of a contact point where more information concerning the personal data breach can be obtained;<\/p>\n

(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.<\/p>\n

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.<\/p>\n

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller\u2019s obligations under Articles 33 and 34 of Regulation (EU) 2016\/679.<\/p>\n

SECTION III<\/h2>\n

FINAL PROVISIONS<\/h2>\n

Clause 10<\/h3>\n

Non-compliance with the Clauses and termination<\/h4>\n

(a) Without prejudice to any provisions of Regulation (EU) 2016\/679, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.<\/p>\n

(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:<\/p>\n

(1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;<\/p>\n

(2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016\/679;<\/p>\n

(3) the processor fails to comply with a binding decision of a competent court or the competent supervisory authority\/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016\/679.<\/p>\n

(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.<\/p>\n

(d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.<\/p>\n

Supplementary clause (permissible under clause 2.b)<\/h2>\n

(a) The Processor is entitled to demand reasonable remuneration for assisting the Controller in carrying out inspections in accordance with Clause 7.6, unless otherwise agreed.<\/p>\n

(b) The list of sub-processors is maintained at https:\/\/spanflug.de\/en\/subprocessors<\/u><\/a> and is available there at any time. Changes shall be communicated in accordance with Clause 7.7.<\/p>\n

Notification of changes may be made by email to all controllers. An objection to the use of a sub-processor entitles Spanflug to terminate the underlying contract if the use of the sub-processor is permitted under data protection law.<\/p>\n

Language<\/h2>\n

In case of conflicts between the German and the English version of this data processing agreement, the German version prevails. This does not apply to Clauses 1 to 10, which reproduce the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021\/915 in their respective authentic language versions.<\/p>\n

ANNEX I<\/h2>\n

List of parties<\/h3>\n

Controller(s):<\/strong><\/p>\n

\n

Customer, as defined in the GTC.<\/p>\n<\/blockquote>\n

Processor(s):<\/strong><\/p>\n

\n

Spanflug Technologies GmbH<\/p>\n

Lindwurmstr. 76<\/p>\n

80337 Munich<\/p>\n

Germany<\/p>\n

info@spanflug.de.<\/p>\n<\/blockquote>\n

As far as Spanflug Technologies GmbH uses personal data for business activities that are directly connected to the provision of the software to the Customer, it is itself an independent controller within the meaning of Art. 4 no. 7 GDPR (in particular for the IT security of the software, for customer relationship management and for marketing to Customers).<\/p>\n

ANNEX II<\/h2>\n

Description of the processing<\/h3>\n

Categories of data subjects whose personal data is processed<\/strong><\/p>\n

\n

Customers of the controller<\/p>\n

Employees of the controller<\/p>\n<\/blockquote>\n

Categories of personal data processed<\/p>\n

\n

Customers of the controller<\/strong><\/p>\n

– Name<\/p>\n

– Contact details (esp. e-mail address, telephone number and postal address)<\/p>\n

– Order number<\/p>\n

Employees of the controller<\/strong><\/p>\n

– Name<\/p>\n

– Contact details (esp. e-mail address, telephone number and postal address)<\/p>\n

– IP addresses<\/p>\n

– User IDs<\/p>\n<\/blockquote>\n

Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.<\/p>\n

\n

None<\/p>\n<\/blockquote>\n

Nature of the processing<\/p>\n

\n

Storage<\/p>\n

Transmission<\/p>\n

Usage<\/p>\n

Analysis<\/p>\n<\/blockquote>\n

Purpose(s) for which the personal data is processed on behalf of the controller<\/p>\n

\n

Preparation of offers of the controller<\/p>\n

Operation, monitoring and error analysis of the Software using automated analysis tools in order to keep the Software used by the controller up to date, secure and high-performing and to improve its quality and reliability.<\/p>\n<\/blockquote>\n

Duration of the processing<\/p>\n

\n

Regularly during the contract period<\/p>\n<\/blockquote>\n

ANNEX III<\/h2>\n

Technical and organisational measures including technical and organisational measures<\/h3>\n

to ensure the security of the data<\/strong><\/p>\n

1. Confidentiality<\/strong><\/p>\n

1.1 Physical Access Control<\/strong><\/p>\n

Spanflug hosts its production systems and production data on AWS. AWS has implemented the following measures to prevent unauthorized access to data processing facilities where personal data is processed or used:<\/p>\n

\n

\u2022 Physical security precautions<\/p>\n

\u2022 Suitable control devices<\/p>\n

\u2022 Alarm system<\/p>\n

\u2022 Logging of visitors<\/p>\n<\/blockquote>\n

1.2 System Access Control<\/strong><\/p>\n

Measures that are suitable for preventing data processing systems from being used by unauthorized persons.<\/p>\n

\n

\u2022 Access to production systems only by Spanflug IT operations staff<\/p>\n

\u2022 Authentication using a private key, username and password<\/p>\n

\u2022 Use of Security Groups and Network ACLs<\/p>\n

\u2022 Use of Web Application Firewall<\/p>\n

\u2022 Use of Anti-Virus Software<\/p>\n

\u2022 Creation and use of user profiles (roles)<\/p>\n

\u2022 Encryption of disks in laptops\/notebooks<\/p>\n<\/blockquote>\n

1.3 Data Access Control<\/strong><\/p>\n

Measures that ensure that those authorized to use a data processing system can only access data for which they have access rights, and that personal data cannot be read, copied, altered, or removed without authorization during processing, use, and after storage.<\/p>\n

\n

\u2022 Authorization concepts and needs-based access rights<\/p>\n

\u2022 The number of administrators is minimized to only what is necessary<\/p>\n

\u2022 Encryption of data storage devices<\/p>\n

\u2022 Management of rights by system administrators<\/p>\n<\/blockquote>\n

1.4 Separation Control<\/strong><\/p>\n

Measures that ensure data collected for different purposes can be processed separately.<\/p>\n

\n

\u2022 Multi-tenancy capability of systems<\/p>\n

\u2022 Use of an authorization concept<\/p>\n

\u2022 Logical separation of tenants<\/p>\n

\u2022 Separation of production and test systems<\/p>\n<\/blockquote>\n

2. Transfer Control<\/strong><\/p>\n

Measures that ensure that personal data cannot be read, copied, altered, or removed without authorization during its electronic transmission or storage on data storage devices.<\/p>\n

\n

\u2022 Encryption during transmission<\/p>\n<\/blockquote>\n

3. Availability and Resilience<\/strong><\/p>\n

Measures that ensure that personal data is protected against accidental destruction or loss.<\/p>\n

\n

\u2022 Regular and redundant backups<\/p>\n

\u2022 Development of a backup and recovery concept<\/p>\n<\/blockquote>\n

4. Procedures for Regular Review, Assessment, and Evaluation<\/strong><\/p>\n

\n

\u2022 Data Protection Management System<\/p>\n

\u2022 Internal Audits<\/p>\n

\u2022 Clear contractual arrangements<\/p>\n

\u2022 Selection and monitoring of subcontractors with due diligence (especially with regard to data security)<\/p>\n<\/blockquote>\n

ANNEX IV<\/h2>\n

List of sub-processors<\/h3>\n

The list of sub-processors available at https:\/\/spanflug.de\/en\/subprocessors<\/u><\/a> applies.<\/p>\n

Changes to this list are governed by Clause 7.7 and the Supplementary clause.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tDownload Data Processing Agreement as PDF file\n\n\n<\/g>\n<\/svg>\n<\/span><\/a>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t<\/div>\n\n\t\t\t\t\t\t\n\t\t\t\t<\/div>\n\n\t\t\t\t\t\t<\/div>\n\t<\/section>\n\n\t\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"content-type":"","inline_featured_image":false,"footnotes":""},"folder":[31],"class_list":["post-9256","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nThis data processing agreement of Spanflug Technologies GmbH ("Spanflug") applies in addition to the<\/title>\n\n\n\n\n\n\n\n\n\n\n