Version: 1.0
Last Updated: February 25th, 2025
The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of the United Kingdom General Data Protection Regulation (“UK GDPR”) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The data controllers and data processors listed in Annex I ['The Parties’] have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of the UK GDPR which require the processing by a processor(s) to be governed by a contract.
These Clauses apply with respect to the processing of personal data as specified in Annex II [Description of the Processing(s)].
Annexes I to VII form an integral part of the Clauses.
The Parties undertake not to modify the Clauses.
This does not prevent the Parties to include the standard contractual clauses laid down in these Clauses in a wider contract, and to add other clauses or additional safeguards provided that they do not contradict, directly or indirectly, the standard contractual clauses or prejudice the fundamental rights or freedoms of data subjects.
Where these Clauses use the terms defined in the UK GDPR, those terms shall have the same meaning as in that Regulation.
These Clauses shall be read and interpreted in the light of the provisions of the UK GDPR.
These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in the UK GDPR or prejudices the fundamental rights or freedoms of the data subjects.
In the event of a conflict between these Clauses and the provisions of any other agreement between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Any entity which is not a Party to the Clauses may, with the agreement of all the Parties, accede to these Clauses at any time either as a data controller or as a data processor by completing Annex I [list of Parties], Annex II [description of the processing(s)] and Annex III [technical and organisational measures].
Once Annex I is completed and signed, the acceding entity shall be treated as a Party to these Clauses and shall have the rights and obligations of a data controller or a data processor, in accordance with its designation in Annex I.
The acceding entity shall have no rights or obligations arising from the period prior to the date of signing Annex I.
The details of the processing operations, and in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the data controller, are specified in Annex II.
The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by United Kingdom law to which the processor is subject. Such instructions are specified in Annex IV. Subsequent instructions may also be given by the data controller throughout the duration of the processing of personal data. Such instructions shall always be documented.
The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, infringe the UK GDPR or the provisions of the Data Protection Act 2018, or the Privacy and Electronic Communications Regulations (2003).
The data processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II [Details of the processing operation].
Processing by the data processor shall only take place for the duration specified in Annex II.
Upon termination of the provision of personal data processing services or termination pursuant to Section III Clause 10, the data processor shall
[OPTION 1] delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so /
[OPTION 2] return all the personal data to the data controller and delete existing copies unless United Kingdom law requires storage of the personal data.
The data processor shall implement the technical and organisational measures specified in Annex III to ensure the security of the personal data, including protection against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (personal data breach). In assessing the appropriate level of security, they shall in particular take due account of the risks involved in the processing, the nature of the personal data and the nature, scope, context and purposes of processing. In the event of a personal data breach concerning data processed by the data processor, it shall notify the data controller without undue delay and at the latest within 48 hours after having become aware of the breach. Such notification shall contain the details of a contact point where more information concerning the personal data breach can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and data records concerned), its likely consequences and the measures taken or proposed to be taken to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall be provided as it becomes available without undue delay.
The data processor shall cooperate in good faith with and assist the data controller in any way necessary to enable the data controller to notify, where relevant, the competent data protection authority and the affected data subjects, taking into account the nature of processing and the information available to the data processor.
The data processor shall grant access to the data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. The data 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.
The Parties shall be able to demonstrate compliance with these Clauses.
The data processor shall deal promptly and properly with all reasonable inquiries from the data controller that relate to the processing under these Clauses.
The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations set out in these Clauses and that are stemming directly from the UK GDPR and at the data controller’s request, allow for and contribute to reviews of data files and documentation or of audits of the processing activities covered by these Clauses, in particular if there are indications of non-compliance.
The data controller may choose to conduct the audit by itself, to mandate, at its own cost, an independent auditor or to rely on an independent audit mandated by the data processor. Where the data processor mandates an audit, it has to bear the costs of the independent auditor. Audits may also include inspections at the premises of the data processor and shall be carried out with reasonable notice.
The data processor and data controller shall make the information referred to in this Clause, including the results of any audits, available to the Information Commissioner’s Office on request.
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (special categories of data), the data processor shall apply specific restrictions and/or the additional safeguards laid down in Annex V.
OPTION 1 SPECIFIC PRIOR AUTHORISATION: The data processor shall not subcontract any of its processing operations performed on behalf of the data controller under these Clauses to a sub-processor, without its prior specific written agreement. The data processor shall submit the request for specific authorisation at least [SPECIFY TIME PERIOD] prior to the engagement of the concerned sub-processor. The list of sub-processors already authorised by the data controller can be found in Annex VI. The Parties shall keep Annex VI up to date.
OPTION 2: GENERAL WRITTEN AUTHORISATION The data processor has the data controller’s general authorisation for the engagement of sub-processors. The list of sub-processors the data processor intend to engage is be found in Annex VI. The data processor shall inform in writing the data controller of any intended changes of that list through the addition or replacement of sub-processors at least [SPECIFY TIME PERIOD] in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). The Parties shall keep Annex VI up to date.
Where the data processor engages a sub-processor for carrying out specific processing activities (on behalf of the data controller), it shall do so by way of a contract which imposes on the sub-processor the same obligations as the ones imposed on the data processor under these Clauses. The data processor shall ensure that the sub-processor complies with the obligations to which the data processor is subject pursuant to these Clauses and to the UK GDPR.
The data processor shall provide, at the data controller’s request, a copy of such a sub-processor agreement and subsequent amendments to the data controller.
The data processor shall remain fully responsible to the data controller for the performance of the sub-processor’s obligations under its contract with the data processor. The data processor shall notify the data controller of any failure by the sub-processor to fulfil its obligations under that contract.
Any transfer of data to a third country or an international organisation by the data processor shall be undertaken only on the basis of documented instructions from the data controller listed in Annex IV and shall take place in compliance with Chapter V of the UK GDPR.
The data controller agrees that where the data processor engages a sub-processor in accordance with Clause 7.6. for carrying out specific processing activities (on behalf of the data controller) in a third country and those processing activities involve transfer of personal data within the meaning of Chapter V of the UK GDPR, the processor and the sub-processor may use standard contractual clauses adopted by the Information Commissioner’s Office on the basis of Article 46(2) of the UK GDPR in order to comply with the requirements of Chapter V of the UK GDPR, provided the conditions for the use of those clauses are met.
The data processor shall promptly notify the data controller about any request received directly from the data subject. It shall not respond to that request itself, unless and until it has been authorised to do so by the data controller.
The data processor shall assist the data controller in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights, namely:
the right to be informed when personal data are collected from the data subject,
the right to be informed when personal data have not been obtained from the data subject,
the right of access by the data subject,
the right to rectification,
the right to erasure (‘the right to be forgotten’),
the right to restriction of processing,
the notification obligation rectification or erasure of personal data or restriction of processing,
the right to data portability,
the right to object,
the right not to be subject to a decision based solely on automated processing, including profiling.
In addition to the data processor’s obligation to assist the data controller pursuant to Clause 8(b), the data processor shall furthermore assist the data controller in ensuring compliance with the following obligations, taking into account the nature of the processing and the information available to the data processor.
The obligation to notify a personal data breach to the Information Commissioner’s Office without undue delay after having become aware of it, (unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
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;
the 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’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
the obligation to consult the Information Commissioner’s Office 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. The Parties shall set out in Annex VII the appropriate technical and organisational measures by which the data processor is required to assist the data controller in the application of this Clause as well as the scope and the extent of the assistance required.
Clause 9 - Notification of personal data breach
In the event of a personal data breach, the data processor shall cooperate in good faith with and assist the data controller in any way necessary for the data controller to comply with its obligations under Articles 33 and 34 of the UK GDPR, taking into account the nature of processing and the information available to the processor.
In accordance with Clause 8(b) the data processor shall assist the data controller in notifying the personal data breach to the Information Commissioner’s Office, where relevant. The data processor shall be required to assist in obtaining in particular the following information which, pursuant to Article 33(3) of the UK GDPR, shall be stated in the data controller’s notification:
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;
the likely consequences of the personal data breach;
the measures taken or proposed to be taken by the data controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
The Parties shall set out in Annex VII 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.
Without prejudice to any provisions of the UK GDPR, in the event that the data processor is in breach of its obligations under these Clauses, the data controller may instruct the data processor to temporarily suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The data processor shall promptly inform the data controller in case it is unable to comply with these Clauses, for whatever reason.
The data controller shall be entitled to terminate these Clauses where:
the processing of personal data by the data processor has been temporarily suspended by the data controller pursuant to point (a) and compliance with these Clauses is not restored within a reasonable time and in any event within one month;
the data processor is in substantial or persistent breach of these Clauses or its obligations under the UK GDPR;
the data processor fails to comply with a binding decision of a competent court or the Information Commissioner’s Office regarding its obligations under these Clauses or under the UK GDPR.
Identity: The customer who accepts DarkInvader’s Terms & Conditions and uses its services.
Contact Details: As provided during customer registration.
Name: DarkInvader Limited
Address: Calls Wharf, 2 The Calls, LS2 7JU
Contact Person: Data Protection Officer (DPO)
Email: [email protected]
This Annex I is deemed accepted upon acceptance of the Terms & Conditions (T\&Cs), which incorporate this DPA.
Purpose(s) for Which Personal Data is Processed:
Duration of the Processing:
Categories of Data Subjects:
Categories of Personal Data Processed:
Contact details (e.g., names, email addresses)
Account information (e.g., usernames, passwords)
Usage data (e.g., IP addresses, activity logs)
Special Categories of Personal Data (if applicable):
Place of Storage and Processing:
The data processor implements the following measures:
Encryption: Use industry-standard encryption for data at rest and in transit.
Access Control: Enforce role-based access with multi-factor authentication (MFA).
Incident Response: Maintain a documented incident response plan.
Data Minimisation: Limit data collection and implement automated data retention policies.
Audit Logging: Record and monitor access to personal data.
Physical Security: Secure data centres with access controls and surveillance.
Business Continuity: Implement regular backups and disaster recovery plans.
Regular Testing: Conduct regular security assessments, including penetration tests.
The data processor (DarkInvader Limited) shall process personal data only for the following purposes and in accordance with these instructions:
Purpose: To deliver and improve services as defined in DarkInvader’s Terms & Conditions.
Lawful Basis: As specified by the customer under the UK GDPR.
Sub-Processing: Only with sub-processors authorised under Annex VI.
International Transfers: Only in compliance with Chapter V of the UK GDPR.
Retention: In line with DarkInvader’s retention policy unless otherwise instructed by the customer.
This Annex IV is deemed accepted upon acceptance of the Terms & Conditions (T\&Cs), which incorporate this DPA.
Where special categories of personal data are processed, the following additional measures shall apply:
Encryption: Use of strong encryption protocols for storage and transmission.
Access Restrictions: Limit access to authorised personnel only.
Audit Logging: Maintain logs of all access to special category data.
Training: Provide specialised training for staff handling sensitive data.
Retention Limits: Implement strict data retention and deletion policies.
The data processor (DarkInvader Limited) engages the following sub-processors for service delivery:
Monitoring external attack surfaces - AWS, ManchesterVPS
Threat Intelligence & leaked credential monitoring - Have I Been Pwned, Leak-Check, LookLookup, intelX
Vulnerability Management - Self-hosted Nessus, ZAP, and CodeSCNR
Dark Web Monitoring / Stealer Log Monitoring - IntelX
This Annex VI is deemed accepted upon acceptance of the Terms & Conditions (T\&Cs), which incorporate this DPA.
The data processor agrees to assist the data controller with:
Breach Notification: Prompt notification and assistance with required regulatory reporting.
Data Subject Rights: Support for requests such as access, rectification, erasure, and portability.
Data Protection Impact Assessments (DPIAs): Providing necessary information and support.
Audit Support: Facilitating audits and inspections as required by the controller.
Compliance Reporting: Supplying compliance documentation upon request.
DarkInvader (13636918), Calls Wharf, 2 The Calls, Leeds, LS2 7JU
[email protected]
[email protected]