Binding Corporate Rules for Processors
Itera has established Binding Corporate Rules for Processors (BCR-P) to provide Itera with a legal basis for transfer of personal data from Itera companies inside the EEA to Itera companies outside of EU/EEA. The BCR-P will apply to all personal data processed on behalf of Itera's customers.
Itera will ensure that the European rules on transborder data flows are complied with when personal data are transferred to external processors (outside of the Itera group) located outside of EU/EEA or located in a country that is not recognised by the EU Commission as ensuring an adequate level of protection. Examples of such safeguards are Binding Corporate Rules, EU Standard Contractual Clauses or other applicable legal mechanisms.
Here is the letter of approval from the Norwegian Data Protection Authority with regards to Itera's BCR-P.
This Data Protection Code applies to Itera ASA, Affiliates of Itera ASA and Private Entrepreneurs, jointly referred to as “the Itera Group” or "the Group". For the purpose of this Code, the term “Itera” refers to the whole Group or each of the members of the Group as the case may be.
The official list of the members of the Group bound by this Code is available on the company website. Itera Norge AS maintains and updates this list of the members of the Group when there is a change.
This Data Protection Code contains a set of legally binding rules within Itera, which provide principles for safeguarding Personal Data Processed by the Company Group on behalf of the Customers of the Group. The Data Protection Code, with associated policies, instructions and routines, constitutes the Binding Corporate Rules for Processors ("BCRP") for Itera.
The purpose of the Data Protection Code is to establish a legal basis for authorization of Transfer of Personal Data from Affiliates established within the EEA to Group members established outside the EEA (Third Countries, as defined below).
The Data Protection Code is part of Itera's Information Security Policy.
The Data Protection Code is based on the Norwegian Personal Data Act of 15 June 2018 no. 38 and the EU General Data Protection Regulation 2016/679 (GDPR). The GDPR does not allow for the Transfer of Personal Data to Third Countries that do not ensure an adequate level of data protection.
Itera is Processing Personal Data on behalf of Customers of the Group in its day-to-day business and regularly Transfers such Personal Data to its Affiliates, established both within and outside the EEA in accordance with contractual terms agreed with Customers.
Recognizing the importance of protection of Personal Data and legal requirements for Processing of Personal Data, as well as the strict rules regarding Transfers of Personal Data, Itera has committed to this Data Protection Code.
The Data Protection Code provides a legal basis for Data Protection Authorities in the EEA member states to authorise Transfers of Personal Data from Affiliates within the EEA to Group members in Third Countries. As a rule, Itera will be a Processor in accordance with Applicable Data Protection Law Processing Personal Data on behalf of the Customers. The Customers are as a general rule considered as Controllers in accordance with Applicable Data Protection Law deciding the means and purposes of the Processing.
Itera ASA is responsible for ensuring that the Data Protection Code is applied by all members of the Group.
This Data Protection Code is part of the Group Security & Privacy Framework, and it is therefore the responsibility of Itera's Group Data Protection Officer to monitor compliance with the Code, cf. section 4.6.1. Each Local Data Protection Officer is responsible for the implementation of the Data Protection Code in its Affiliate/region. All employees, including Private Entrepreneurs, are responsible for adhering to this Code.
Within the authority limits in Itera, and subject to local laws and regulations, the Affiliates are responsible for all strategic and operational matters related to the day-to-day management of their business. It is the responsibility of the management of each Affiliate that the operations within the respective Affiliates are conducted in compliance with the Data Protection Code. This includes the responsibility for ensuring that internal control procedures are established, maintained and updated in case of deficiencies, as outlined in this Data Protection Code.
In a situation where a Data Subject lodges a complaint due to an alleged breach of the Data Protection Code, the concerned Affiliate shall without undue delay, take necessary steps to follow up the inquiry in accordance with the complaint mechanism referred to in section 4.7.
2. Description of Processing and Data flows
Itera is a provider of IT consulting services, including services related to operation, development, maintenance and testing. Itera provides its services to Customers primarily established in the Scandinavian Countries. In the course of providing such services to Customers, Itera regularly Processes Personal Data on behalf of Customers.
As a rule, each Customer will be the Controller deciding the means and purposes for the Processing, while Itera will be the Processor which processes data on behalf of the Customer.
Itera has Affiliates established both within and outside the EEA, which are bound by this Code as part of Itera's Business Framework and by signing a written Agreement regarding bindingness with Itera ASA.
Additionally, Itera has entered into long term agreements with a number of independent Private Entrepreneurs in Ukraine regarding IT consulting services, primarily regarding development and testing of IT-solutions on behalf of Itera. Private Entrepreneurs are obliged to comply with Itera's Business Framework and commit to comply with Itera's instructions. Private Entrepreneurs are explicitly bound by the obligations in this Code and is obliged to comply with all obligations pursuant to the Service Agreement and the Data Processing Agreement between Itera and the Customer.
Affiliates and Private Entrepreneurs shall Process Personal Data on behalf of Customers only on the basis of prior information to the relevant Customer and upon its prior written consent, cf. section 3.1.
In accordance with the agreed project scope for each Customer, Itera Transfers Personal Data back and forth between agreed Affiliates, Private Entrepreneurs and the relevant Customer on a regular basis.
When agreed with the Customer, Employees and Private Entrepreneurs have access to Customers' systems from locations in Ukraine for agreed purposes.
The official list of the members of the Group bound by the BCRP is available on the company website.
This Data Protection Code applies to all Processing of Personal Data by Itera on behalf of Customers of the Group.
The nature of the Personal Data subject to Transfers will vary depending on the project scope agreed with the individual Customer, but generally concern the following main categories:
- Basic personal data/contact information (name, address, date of birth, telephone number, bank account number, personal id-number, photo etc.)
- Job/HR related information (title, position, working time, holidays, sick leaves and leave of absence information etc.)
- Commercial information (for example history of purchases, subscription information, payment history etc.)
- Compensation and benefits related information (gross salary, net salary, bonus etc.)
- Qualifications and performance information (competences, promotions etc.)
- Miscellaneous information (emergency contact, company benefit beneficiaries, contract details etc.)
For each new project, the scope of the Transfer will be defined.
The main purpose for Itera's Processing and Transfer of Personal Data is to fulfil the contract with its Customers to provide them with the services requested. The Processing and Transfer is related to the following basic activities:
- Design of systems and data model
- Analytics of data
- Development (development of new Customer IT-system or websites)
- Maintenance (maintenance of existing IT-systems or websites)
- Testing (testing of new IT-systems or websites prior to delivery or production)
- Operations and management of services containing Customer data that either resides with the customer at their chosen location, under their governance for access, processing and storage or is hosted by Itera.
3. Contractual obligations and Customer's consent
This Code shall be made binding toward the Customer through a specific reference in the Data Processing Agreement, cf. 4.3. As a Controller, each Customer has an obligation to sign a Data Processing Agreement, cf. GDPR Article 28, with Itera as Processor. Itera shall only Process Personal Data on behalf of the Customer (Controller) and under the instructions of the Customer as stated in the Service Agreement and the corresponding Data Processing Agreement.
Personal Data shall be subprocessed by Group Companies bound by the BCRP only with the prior informed specific or general written authorization of the Customer (Controller) in accordance with the Data Processing Agreement. The Data Processing Agreement will specify if a general prior authorization given at the beginning of the service would be sufficient or if a specific authorization will be required for each new subprocessing. If a general authorization is given, the Customer (Controller) should be informed on any intended changes concerning the addition or replacement of Internal Subprocessors in such a timely fashion that the Customer (Controller) has the possibility to object to the change or to terminate the contract before the data are communicated to the new Subprocessor. Changes to the list of potential Internal Subprocessors will be made available through the Itera website as mentioned in the BCRP section 2.3.
Subprocessing within the Group shall be governed by a separate subprocessing agreement on terms equivalent to the terms in the Data Processing Agreement with the Customer (Controller). The Customer (Controller) shall be provided with information about the main elements of the subprocessing, e.g. the parties and countries involved, security, guarantees in case of international transfers and information about the possibility to get a copy of the contracts used.
The Transfer of Personal Data within the Group is also subject to prior information to the Customer (Controller) and its prior written consent to such Transfers. Itera shall provide for transparency toward the Customer (Controller) and leave the Customer (Controller) in control of the Personal Data processed by Affiliates and Private Entrepreneurs on Customers (Controllers) behalf and under its instructions.
It shall be up to the Customer (Controller) to decide if this Code shall apply to:
- All Personal Data Processed for Processor activities and that are submitted to EU law; or
- All Processing of Personal Data Processed for Processor activities whatever the origin of the Personal Data.
During the performance of its tasks as Processor, Itera is obliged to process Personal Data in compliance with the obligations set out in the Service Agreement, the Data Processing Agreement and this Code.
Data may be subprocessed by External Subprocessors only with the prior informed specific or general written authorization of the Customer (Controller) in accordance with the Data Processing Agreement. The Customer (Controller) must be provided with information about the main elements of the sub-processing, e.g. the parties and countries involved, security, guarantees in case of international transfers and information about the possibility to get a copy of the contracts used. The detailed information, for example relating to the name of the subprocessors is provided in a public digital register.
If a general consent is given, the Customer (Controller) shall be informed on any intended changes concerning the addition or replacement of External Subprocessors in such a timely fashion that the Customer (Controller) has the possibility to object to the change or to terminate the contract before the Personal Data are communicated to the new Subprocessor.
Where the member of BCRP subcontracts its obligations under the Data Processing Agreement, with the authorization of the Customer (Controller), it shall do so only by way of a written agreement with the External Subprocessor which provides that adequate protection is provided as set out in Articles 28, 29, 32, 45, 46, and 47 of the GDPR. The written agreement shall further ensure that the External Subprocessor will have to respect the same obligations that are imposed on the member of the BCRP according to the Data Processing Agreement and provisions relevant for External Subprocessors in sections 4.3, 4.4, 4.8.1, 4.8.2, 4.9 and 5 of the BCRP. Particular emphasis shall be on providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the Processing will meet the requirements of the GDPR. The template “Example Subcontractor Data Processing Agreement” available on the Itera Intranet Site shall be used for these cases.
Transfers to External Subprocessors outside the EEA shall be carried out in compliance with the rules on Transfers in GDPR chapter V, e.g. by means of one of the following transfer mechanisms:
- EU Standard Contractual Clauses (Model Clauses 2021/914/EU); or
- External Subprocessor's Binding Corporate Rules for Processors.
4. Key principles of the Data Protection Code
The Group has a duty to make available to Customers acting as Controllers all information necessary to demonstrate compliance with their obligations as provided by GDPR Article 28(3)(h) and allow for and contribute to audits, including inspections conducted by the Controller or another auditor mandated by the Controller. In addition, Itera shall inform the Controller immediately if in its opinion, an instruction infringes Applicable Data Protection Law.
The Group Companies shall maintain a record of all categories of processing activities carried out on behalf of each Customer acting as Controller in line with the requirements as set out in GDPR Article 30(2). The record is maintained and will made available to the competent Data Protection Authority on request.
Members of the Group shall assist the Customer acting as Controller in implementing appropriate technical and organizational measures to comply with data protection principles and facilitate compliance with the requirements set up by the BCRP in practice, such as data protection by design and by default on provided services.
The Group’s commitment to comply with this Code, including instructions regarding the Processing of Personal Data and the security and confidentiality measures as provided in the Service Agreement and the Data Processing Agreement, is established by each Affiliate and Private Entrepreneurs signing an Agreement regarding bindingness with regard to Itera’s Data Protection Code (BCRP).
Each Itera employee is bound by the rules in this Code, including the instructions regarding the Processing of Personal Data and the security and confidentiality measures as provided in the Service Agreement and the Data Processing Agreement. This is achieved by way of specific obligations contained in each contract of employment signed by the employees, as well as in Itera's Group Security & Privacy Framework and by linking failure to comply with this Code with disciplinary procedures and sanctions, cf. section 4.5.
The BCRP is made binding towards the Customers acting as Controllers through a specific reference in the Data Processing Agreement pursuant to GDPR Article 28. Hence, the Customer Service Agreement and the Data Processing Agreement ensure that the Group is bound by the BCRP towards the Customers as Controllers. The BCRP is annexed to the Service Agreement or a reference is made to an electronic version of the BCRP, cf. section 4.4.2.
All Customers (Controllers) shall have the right to enforce the BCRP against any member of the Group for their breaches of the Code.
Moreover, all Customers (Controllers) shall have the right to enforce the BCRP against Itera ASA for breaches of the BCRP caused by any Itera Affiliate established outside the EEA.
Finally, all Customers (Controllers) shall have the right to enforce the BCRP against Itera ASA for breaches of the BCRP caused by External Subprocessors established outside of EU/EEA.
Where a Customer (Controller) can demonstrate that they have suffered damage and establish facts that show that it is likely that the damage has occurred due to breach of the BCRP, it will be for Itera ASA to prove that the member of the Group, or the External Subprocessor outside of the EEA, was not responsible for the breach of the BCRP, giving rise to those damages or that no such breach took place.
To the extent permitted by applicable law, the compensation for damages shall be limited to direct damages which exclude, without limitation, lost profits or revenue, lost turnover, cost of capital and downtime cost.
Where Itera ASA can prove that any member of the Group or the External Subprocessor outside the EEA is not responsible for the breach of the BCRP, it may discharge itself from any responsibility toward the Customer (Controller).
4.4.1 Data Subjects' beneficiary rights
Rights enforceable directly towards the Group
The BCRP grant rights to Data Subjects to enforce the BCRP as third-party beneficiaries directly against the Group with regard to requirements that are specifically directed to Processors in accordance with the GDPR. In this regard, Data Subjects shall be able to enforce the following elements of the BCRP directly against the Group:
- The duty to respect the instructions from the Customer acting as Controller regarding the data Processing, including for transfers to Third Countries;
- The duty to implement appropriate technical and organizational security measures and the duty to notify any Personal Data Breach to the Customer acting as Controller;
- The duty to respect the conditions when engaging a Subprocessor either within or outside the Group;
- The duty to cooperate with and assist the Customer acting as Controller in complying and demonstrating compliance with Applicable Data Protection Law such as for answering requests from Data Subjects in relation to their rights;
- The right to information and easy access to the BCRP;
- The right to complain through the Complaint Handling Process (cf. the Code section 4.7);
- The duty to cooperate with the Data Protection Authorities;
- The liability, compensation and jurisdiction provisions; and
- The need to be transparent where national legislation prevents the Group from complying with the BCRP.
Rights enforceable directly towards the Group under certain circumstances
The beneficiary rights listed below are granted to Data Subjects provided that the Data Subject not being able to bring a claim against the Customer because the Controller has factually disappeared or ceased to exist in law or has become insolvent. However, this does not apply if any successor entity has assumed the entire legal obligations of the Customer (Controller) by contract or by operation of law, in which case the Data Subject can enforce its rights against such successor entity.
In such as case, the Data Subject’s third-party beneficiary rights include the right to enforce:
- The duty to respect the BCRP (cf. the Code section 1.1, 3 and 4.5);
- The possibility to lodge a complaint before the competent Data Protection Authorities and before the courts (cf. this section 4.4.1);
- Liability in accordance with section 4.4.3 of this BCRP;
- The burden of proof that lies with the company not the individual (cf. the Code section 4.4.3);
- The right to information and easy access to the BCRP (cf. the Code section 4.4.2);
- The existence of a complaint procedure (cf. the Code section 4.7);
- The duty to cooperate with the Data Protection Authorities (cf. the Code section 4.8.1);
- The duty to cooperate with the Customer acting as Controller (cf. the Code section 4.8.2);
- The Privacy Principles including the rules on Transfers or onward Transfers out of the EEA (cf. the Code section 5);
- The list of the entities bound by the BCRP, their location and contact details; and
- The need to be transparent where national legislation prevents the Group from complying with the BCRP (cf. the Code section 4.9).
The Data Subjects rights mentioned above shall cover the judicial remedies for any breach of the third party beneficiary rights guaranteed and the right to obtain redress and where appropriate receive compensation for any damage (material harm but also any distress).
Data Subjects shall be entitled to lodge a complaint before:
- the Data Protection Authority of the EEA Member State of the Data Subject's habitual residence, place of work or place of alleged infringement; or
-the competent court of the EEA Member State where the Controller or Processor has an establishment or where the Data Subject has his or her habitual residence pursuant to GDPR Article 79.
Where Itera and the Customer acting as the Controller involved in the same Processing are found responsible for any damage caused by such Processing, the Data Subject shall be entitled to receive compensation for the entire damage directly from Itera acting as the Processor, cf. GDPR Article 82(4).
All Data Subjects who benefit from the Data Protection Code shall have easy access to information describing their rights.
This Data Protection Code (BCRP) shall be published and be publicly available online on Itera's website. The public version shall constitute the entire Itera Binding Corporate Rules (BCRP) applicable for the Processing of Personal Data on behalf of Customers of the Group, including the third party beneficiary rights cf. section 4.4.1.
Additionally, Itera's Code of Conduct, published on Itera's website, provides supplementary information on Itera's activities in Ukraine.
Itera ASA takes on the responsibility of taking necessary action to remedy the acts of other members of the Group established outside of the EEA or breaches caused by External Subcontractors established outside of the EEA and, where appropriate, to pay compensation for any damages resulting from their violation of the Data Protection Code.
Itera ASA accepts liability as if the violation has taken place by Itera ASA in Norway instead of the member of the Group outside the EEA or the external Subcontractor established outside the EEA. Itera ASA may not rely on breach by a Subcontractor (internal or external of the Group) of its obligations in order to avoid its own liabilities.
Where a Data Subject, or Controller, can demonstrate that they have suffered damage and establish facts that show that it is likely that the damage has occurred due to breach of the Code. Then it will be for Itera ASA to prove that the member of the Group, or the external Subcontractor outside of the EEA, was not responsible for the breach of the Code, giving rise to those damages or that no such breach took place.
Where Itera ASA can prove that any member of the Group or External Subcontractor, outside the EEA, is not responsible for the breach of the BCRP, it may discharge itself from any responsibility toward the Data Subject.
Itera has established several measures, as further described below, which guarantees implementation and compliance with the Data Protection Code among Itera's employees and Private Entrepreneurs who either:
- have permanent or regular access to Personal Data;
- are involved in the collection of Personal Data; or
- are involved in the development of tools or applications used to process Personal Data.
Failure to comply with the Data Protection Code shall be linked with disciplinary procedures.
4.5.1 The Code as part of Itera's Business Framework structure
The issuing of this Data Protection Code as part of Itera's Business Framework is an important measure in the process of achieving sufficient data privacy safeguards amongst all employees.
4.5.2 Contracts of employment
Itera's contracts of employment shall include specific obligations for all employees to adhere to this Data Protection Code.
4.5.3 Group Security & Privacy Framework
Itera has implemented a specific chapter in Itera's Group Security & Privacy Framework regarding obligations to comply with Itera's Data Protection Code. The Group Security & Privacy Framework is part of Itera's Business Framework and is binding upon employees and Private Entrepreneurs.
4.5.4 Introduction courses
All new employees, including Private Entrepreneurs, shall complete a mandatory introduction program regarding the rules in this Code. All new employees at Itera, including Private Entrepreneurs, go through a training during the introduction day to ensure knowledge building and to ensure that Itera follow the principles in the Data Protection Code. This introduction day occurs monthly in the Itera group. There is also attached a sign-off to the contract to confirm that the employee is tested on sufficient knowledge of the Data Protection Code to be signed on the introduction day. For External Subprocessors, each resource manager at Itera responsible for the External Subprocessor provides relevant information regarding the BCRP.
4.5.5 Awareness and training
All employees and Private Entrepreneurs shall at all times have access to the Data Protection Code at the Group Security & Privacy Framework on the Itera Intranet Site. In addition, information shall be presented via relevant communication channels to ensure awareness among all employees of individual rights and duties concerning the Code.
Itera provides a mandatory e-learning course available on the Itera Intranet Site. The course is mandatory and includes several modules explaining the principles set out in the Data Protection Code and provides practical guidance for the Prosessing of Personal Data. The mandatory e-learning training program is combined with reccuring information sessions.
Additionally, Itera provides a mandatory and elaborate e-learning training program for personnel, including Private Entrepreneurs, who
- have permanent or regular access to Personal Data;
- are involved in the collection of Personal Data; or
- are involved in the development of tools or applications used to process Personal Data.
Further, information and use of the Data Protection Code is part of the management training through Itera Academy.
It is the department managers’ responsibility that all employees have attended and successfully completed the courses mentioned above.
The Group Data Protection Officer, in cooperation with the Local Data Protection Officers, shall be responsible for providing the relevant information and setting up/updating the mandatory e-learning training programs described above.
The Data Protection Code has several measures to ensure compliance and supervision of compliance. This includes:
- The appointment of one Group Data Protection Officer in accordance with GDPR Article 37;
- The appointment of one Local Data Protection Officer for each Affiliate and/or Region;
- Establishment of internal control mechanisms to ensure ongoing monitoring; and
- Establishment of an audit and review program.
4.6.1 Policy owner and Data Protection Officers
The Group Data Protection Officer is granted an appropriate level of independency in the exercise of his functions.
The Group Data Protection Officer and the Local Data Protection Officers shall be the main contact point between relevant Data Protection Authorities and Itera on any matter arising out of the Code or Processing of Personal Data in general. If such Data Protection Officer is not appointed locally, the main contact person locally shall be the CEO of the relevant Affiliate together with the Group Data Protection Officer.
Further description of the Group Data Protection Officer and Local Data Protection Officers' responsibilities is set out in Guidelines for Data Protection Officers.
4.6.2 Internal control and ongoing monitoring
Affiliates in Itera shall structure their internal control systems to monitor themselves on an ongoing basis. The monitoring procedures for this Data Protection Code shall be built into the normal, recurring operating activities for each Affiliate, as stated in Itera's Business Framework.
4.6.3 Audit and review program
To ensure enforcement of the Data Protection Code, Itera shall ensure that an audit of the Code takes place each year, in accordance with Itera's Data Protection Compliance Review Plan.
The Compliance Review Plan shall cover all aspects of the BCRP including methods to ensure that corrective actions are implemented. The result of audits are communicated to the Group Data Protection Officer and to the ultimate parent's board and are made accessible to the relevant customers upon request. Additionally, the competent Data Protection Authorities shall have access to the results of the audit upon request and shall have the authority to carry out a data protection audit if required and legally possible.
Itera shall ensure that any Processor or any Subprocessor handling data on behalf of a particular Customer (Controller) accepts at the request of that Customer, to submit for audit their data processing facilities used for Processing of Personal Data on behalf of the Customer. The audit can be conducted by the Customer or an inspection body composed of independent members in possession of the required professional qualifications bound by a duty of confidentiality, selected by the Controller, where applicable, in agreement with the competent Data Protection Authority.
All Data Subjects, who benefit from rights according to this Code cf. section 4.4, shall have the right to request fulfilment of their rights. Data subjects may request fulfilment of their rights by contacting the Group Data Protection Officer, cf. below.
Furthermore, all Data Subjects, who benefit from rights according to this Code cf. section 4.4, shall have the right to claim that any of Itera’s Affiliates is not compliant with the Data Protection Code, by lodging a complaint. Data subjects may request fulfilment of their rights or file a complaint by contacting the Group Data Protection Officer, either by clicking the link on Itera's website www.itera.com, by sending an email to firstname.lastname@example.org, or send a letter to Itera ASA, Postboks 4841 Nydalen, 0422 Oslo, Norway.
Any member of the Group shall have a duty to without delay communicate a claim or request from a Data Subject to their Local Data Protection Officer. The Local Data Protection Officer, in collaboration with the Group Data Protection Officer, shall assess whether the claim or request shall be communicated to the Customer within reasonable timeframe, or whether the claim or request shall be handled internally by Itera, e.g. because:
- It has been agreed with the Customer that claims and request shall be handled by Itera; or
- The data subject has a right to lodge a complaint because the Customer has factually disappeared, has ceased to exist in law or has become insolvent except, unless any successor entity has assumed the entire legal obligations of the Customer by contract or by operation of law, cf. section 4.4.1.
Data Subjects’ queries and complaints that according to the above shall be handled internally by Itera, shall be handled without undue delay by the relevant Local or Group Data Protection Officer and in any event within one month. Considering the complexity and number of requests, that period may be extended by two further months, in which case the Data Subject should be informed of the extension within one month of receipt of the request, together with reasons for the delay.
Itera shall take necessary actions and implement necessary measures to handle requests and complaints from Data Subjects in accordance with the Code and Applicable Data Protection Law. In case a request or complaint is considered as justified, Itera shall take necessary steps to resolve the matter and implement corrective measures to ensure compliance with the Code and Applicable Data Protection Law.
In case of rejection of the request or complaint, the Data Subject shall be given an explanation of the reason for the rejection.
If the Data Subject is not satisfied with Itera's complaint handling, the Data Subject shall be entitled to lodge a claim before the Court or the relevant Data Protection Authority.
4.8.1 Duty to cooperate with Data Protection Authorities
All members of the Group undertake to cooperate with the Data Protection Authorities competent for the relevant Customer (Controller), particularly with respect to:
- Accept to be audited by the relevant Data Protection Authority; and
- Comply with the advice the Data Protection Authorities on any issues relating to the BCRP.
4.8.2 Duty to cooperate with Controller
All members of the Group and External Subprocessors shall, within a reasonable time, and to the extent reasonably possible, cooperate with and assist the EEA Customer (Controller) to comply with Applicable Data Protection Law.
The Data Protection Code is based on the EU General Data Protection Regulation 2016/679 and the Norwegian Personal Data Act of 15 June 2018 no.38. The purpose of the Data Protection Code is to ensure compliance with this legislation, and to ensure adequate safeguards for the Transfers of Personal Data. However, the Data Protection Code should not be considered as an instrument to replace relevant and mandatory data protection laws.
The Data Protection Code will not take precedence over local legislation when local legislation provides a higher level of protection for Personal Data. Hence, Data Subjects keep any rights and remedies they may have under applicable local law. This Code shall apply only where it provides supplemental protection for Personal Data. Where applicable local law provides a higher level of protection than this Code, local law shall take precedence over the BCRP.
If Itera has reasons to believe that applicable existing or future legislation prevents the fulfilling of obligations under the rules of this Data Protection Code or the Service Agreement and corresponding Data Protection Agreement, Itera has an obligation to promptly inform the Customer acting as Controller. In that case, the Customer is entitled to suspend the Transfer of Personal Data and/or terminate the Service Agreement with Itera. Sufficient information shall be provided promptly to Itera or to the Data Protection Officer and to the Data Protection Authority competent for the Customer acting as Controller and the lead Data Protection Authority for the BCRP.
Any legally binding request for disclosure of Personal Data by a law enforcement authority or state security body shall be communicated to the Controller unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation. In any case, the request for disclosure should be put on hold and the Data Protection Authority competent for the Controller and the lead Data Protection Authority for the BCRP shall be clearly informed about the request, including information about the data requested, the requesting body and the legal basis for disclosure (unless otherwise prohibited).
If notifications as set out above is prohibited, the Affiliate shall use its best efforts to obtain the right to waive the prohibition in order to communicate as much information as it can and as soon as possible. The Affiliate shall document its efforts.
If the Affiliate, despite having used its best efforts, is not able to notify the competent Data Protection Authorities, the Affiliate shall annually provide general information on the requests it received to the competent Data Protection Authorities (e.g. number of applications for disclosure, type of data requested, requester, etc.).
Itera may make amendments to the Code, e.g. to take into account amendments in the regulatory environment or changes to Itera's corporate structure. Such amendments or changes shall be reported to all Group members, to the Data Protection Authorities and the Customers (Controllers).
If a change of the Code affects the Processing conditions, relevant information shall be provided to the Customer in such a timely fashion that the Customer has the possibility to object to the change or to terminate the Service Agreement with Itera before the modification is made (for instance, on any intended changes concerning the addition or replacement of Subprocessors, before the data are communicated to the new Subprocessor).
Updates of the Code are possible without having to re-apply for authorization by the Data Protection Authorities, provided that:
a) The Group Data Protection Officer keeps a fully updated list of Group members and Subcontractors involved in the Personal Data Processing activities for the Customer which shall be accessible for the Controller, Data Subject and Data Protection Authorities;
b) The Group Data Protection Officer keeps track of and record of any updates to the rules and provide the necessary information systematically to the Customer and upon request to Data Protection Authorities;
c) No Transfer of Personal Data is made to a new member until the new member is effectively bound by this Data Protection Code, and can demonstrate compliance;
d) Any changes to the Code or to the list of members shall be reported once a year to the lead Data Protection Authority with a brief explanation of the reason justifying the update. Where a modification would affect the level of protection offered by the BCRP or significantly affect the BCRP (i.e. changes in the bindingness), it must be promptly communicated to the Norwegian Data Protection Authority.
5. General privacy principles observed by Itera
Itera and External Subprocessors of Itera Processing Personal Data on behalf of Customers of Itera shall assist the Customers in their role as Controllers with regard to adhering to the following data protection principles in the EU General Data Protection Regulation 2016/679.
Itera and External Subprocessors of Itera shall help and assist the Customer (Controller) to comply with applicable requirements with regard to fair, transparent and lawful Processing. Itera shall provide the Customer (Controller) with necessary information to allow the Customer (Controller) to comply with information requirements toward Data Subjects.
Itera and External Subprocessors of Itera shall process Personal Data only on behalf of the Customer (Controller) and in compliance with the Customer's (Controller's) instructions, including with regard to Transfers to a Third Country, unless required to do so by Applicable Data Protection Law in the EEA to which the member of the Group is subject. In such a case, Itera shall inform the Customer (Controller) of that legal requirement before Processing takes place, unless the law prohibits such information on important grounds of public interest.
In other cases, if Itera cannot provide such compliance for whatever reasons, Itera agrees to inform promptly the Customer (Controller) of its inability to comply, in which case the Controller shall be entitled to suspend the Transfer of data and/or terminate the relevant service.
On the termination of the provision of data processing services for a Controller, Itera and any Subprocessor of Itera shall, at the choice of the Customer (Controller), delete or return all the Personal Data transferred and the copies thereof to the Customer (Controller) and delete the copies thereof. Itera and any Subprocessor must certify to the Customer (Controller) that it has done so, unless legislation imposed upon them requires storage of the Personal Data transferred. This prevents returning or destroying all or part of the Personal Data transferred. In that case, Itera and the Subprocessors will inform the Customer (Controller) and warrant that it will guarantee the confidentiality of the Personal Data transferred and will not actively process the Personal Data transferred anymore.
Itera and External Subprocessors of Itera shall have a general duty to help and assist the Customer (Controller) in complying with Applicable Data Protection Law. This includes in particular a duty to:
- Execute any necessary measures when asked by the Customer (Controller), in order to have the Personal Data updated, corrected or deleted;
- Inform each member of the Group and/or External Subprocessors to whom the data have been disclosed of any rectification, or deletion of data;
- Execute any necessary measures, when asked by the Customer (Controller), in order to have the data deleted or anonymised from the moment the identification form is not necessary anymore;
- Communicate to each entity to whom the data have been disclosed and of any deletion or anonymization of data.
Itera and Subprocessors of Itera have the following duties with regard to security:
- Implement all appropriate technical and organizational measures to ensure a level of security appropriate to the risks presented by the Processing as provided by GDPR Article 32, and as otherwise required under Customer's (Controller's) applicable law, and any existing particular measures specified in the Data Processing Agreement;
- Assist the Customer (Controller) in ensuring compliance with the obligations as set out in GDPR Articles 32 to 36, taking into account the nature of Processing and information available to the Processor;
- Inform the Customer (Controller) without undue delay after becoming aware of any Personal Data Breach.
In addition, Subprocessors shall have the duty to inform Itera and the Customer (Controller) without undue delay after becoming aware of any Personal Data Breach.
Itera and External Subprocessors of Itera will execute any necessary technical and organizational measures when asked by the Customer (Controller) insofar as this is possible, for the fulfilment of the Customer's (Controller's) obligations to respond to requests for exercising Data Subjects' rights as set out in GDPR Chapter III. This includes communicating any useful information in order to help the Customer (Controller) to comply with the duty to respect the rights of the Data Subjects. Itera and External Subprocessors of Itera will transmit to the Controller any Data Subject's request without answering it unless he is authorised to do so.
6. List of definitions
The EU General Data Protection Regulation 2016/679 (GDRP) and any national data protection laws and regulations applicable to Itera in the role as Processor under the BCRP.
Any subsidiary of which Itera ASA directly or indirectly owns at least 50 % of the voting interest and which is governed by the Itera's Business Framework.
A set of personal data protection policies which are adhered to by a Processor established in the territory of an EU or EFTA-member state for transfers or a set of transfers of Personal Data to a Controller or Processor in one or more Third Countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.
A Customer of Itera which alone or jointly with others determines the purposes and means for the Processing of Personal Data and on whose behalf Itera Processes Personal Data.
Any natural or legal person having engaged Itera as a provider of IT-solutions and related services and being the Controller deciding the means and purposes for the Processing of Personal Data, cf. the definition of Controller.
A natural person holding a position within Itera to oversee and ensure compliance and supervision of compliance of the Data Protection Code in accordance with GDPR Articles 37-39.
An identified or identifiable individual to whom the Personal Data being processed relates.
The European Economic Area, meaning the EU member states together with the EFTA countries (Liechtenstein, Iceland and Norway).
Any natural or legal person which is not part of the Group to whom a member of the Group has subcontracted its obligations under the Service Agreement and the Data Protection Agreement with the Customer by way of written agreement and which processes the Personal Data on behalf of the Controller, cf. section 3.2.
Any natural or legal person which is part of the Group to whom a member of the Group has subcontracted its obligations under the Service Agreement and Data Protection Agreement with the Customer in accordance with section 3.1.
Personal data shall mean any information that may be related to an identified or identifiable individual (the “Data Subject”).
An identifiable individual is a person who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Personal Data includes all types of information that directly or indirectly may be linked to the Data Subject. Personal data may include:
- Names and dates of birth;
- Contact details such as addresses, e-mail addresses and telephone numbers;
- Indirect information such as IP address, laptop name etc.;
-Expressions of opinions on living individuals; or
-Information concerning salary, job qualifications, health etc.
Any natural person registered as Private Entrepreneur according to the Ukrainian Unified State Register of Legal Entities and Private Entrepreneurs, who have entered into a "Private Entrepreneur Agreement" with Itera Offshoring Services AS regarding consulting service in the area of information technology and being part of this BCRP on the basis of an "Agreement regarding bindingness", whereby the Private Entrepreneur has accepted to comply with the BCRP and to comply with the BCRP's third party beneficiary rights.
Any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, alignment, storage and disclosure, or a combination of such use. The definition is technology-neutral and includes the Processing of Personal Data that is wholly or partly performed with the aid of computers or similar equipment that is capable of automatically Processing Personal Data. The definition also includes manual registers or filing systems if the Personal Data is included in, or is intended to form part of, a structured collection making the Personal Data available for searching or compilation according to specific criteria.
Any natural or legal person who Processes the Personal Data on behalf of the Controller, for example an Affiliate or Private Entrepreneur.
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
An External Subprocessor or an Internal Subprocessor.
Countries outside the European Economic Area (EEA), i.e. all countries except the EU member states and the EFTA member states (Liechtenstein, Iceland and Norway).
Any Personal Data disclosure, copy or move via a network, access from a system or web application or any Personal Data disclosure, copy or move from one medium to another irrespective of type of medium from the EEA to a recipient outside the EEA (Third Country).
|Legal companies - related business areas|
|Country||Company||Org.no||Address||Related business area|
|Norway||Itera ASA||980 250 547||Nydalsveien 28, 0484 OSLO Postboks 4814 Nydalen, 0422 OSLO||Holding company and group functions|
|Norway||Itera Norge AS||967 948 748||Nydalsveien 28, 0484 OSLO Postboks 4814 Nydalen, 0422 OSLO||Sales and production company Norway|
|Norway||Compendia AS||968 501 410||Hetlandsgata 9, 4344 BRYNE. Postboks 4814 Nydalen, 0422 OSLO||Sales and production company Norway|
|Norway||Cicero Consulting AS||916 210 655||Nydalsveien 28, 0484 OSLO Postboks 4814 Nydalen, 0422 OSLO||Sales and production company Norway|
|Norway||Itera Offshoring Services AS||878 626 982||Nydalsveien 28, 0484 OSLO Postboks 4814 Nydalen, 0422 OSLO||Nearshoring|
|Sweden||Itera Sverige AB||5567269831||MÄSTER SAMUELSGATAN 60 8E VÅN 11121 Stockholm||Sales and production company Sweden|
|Denmark||Itera ApS||CVR 21472271||Hummeltoftevej 49, 2830 Virum||Sales and production company Denmark|
|Ukraine||Itera Consulting Group Ukraine, LLC||36385209||Astarta Business Center Yaroslavska, 58 Section B, Floor 8 Kyiv, 04071, Ukraine||Nearshoring|
|Slovakia||Itera Slovakia - organizačná zložka (branch)||47 924 721||SKY PARK Offices, 2nd floor, Bottova 2A, 811 09, Bratislava||Nearshoring|
|Iceland||Itera ehf||5509211620||Skipholt 50D||Sales and production company Iceland|
|Czech Republic||Itera Czech Republic, branch||174 04 762||Vlněna 526/5, Trnitá, 602 00 Brno, Czech Republic||Nearshoring|
In April of 2017, Itera established Binding Corporate Rules for Processors (BCR/P), approved by the Norwegian Supervisory Authority (Datatilsynet). The BCR/P is made legally binding as a data transfer mechanism to third countries.
Annually, the BCR/P is reviewed and updated to continually reflect the context of our organization. The landmark Schrems II ruling on 16 July 2020 by the European Court of Justice (CJEU) has emphasized the importance of compliance with the General Data Protection Regulation's (GDPR) rules on data transfers. The Schrems II ruling invalidated the use of Privacy Shield due to lack of protection against US surveillance and set out strict requirements for use of EU Standard Contractual Clauses (SCC) related to data transfers outside the EEA.
The war in Ukraine (2022) also represented a set of challenges to the secure processing of personal data by our Ukrainian subsidiary. These challenges have been timely assessed and mitigated.
These BCR/P cover any intra group processing of customer personal data done by any Itera subsidiary. Additionally, they are extended to all relevant Subcontractors outside the EU/EEA by means of Data Processing Agreements, Agreements on Bindingness of Itera BCR/P and Standard Contractual Clauses.
They are applicable to any staff with the function of “data handler” who is directly or indirectly involved in the processing of personal data on behalf of Itera’s customers.
The DPO maintains a fully updated list of members of the BCR/P. Annually, all documentation is reviewed, updated, and reported to the Norwegian Supervisory Authority.
The Constitutional Court of Ukraine has in a case 2012-01-20 confirmed that the Ukrainian Constitution safeguards information regarding the personal and family life of individuals8. The case also confirmed the strict rules for the collection, storage, use and dissemination of such information by any person, including state and local bodies. The Decision has the status of law and compliance with it is mandatory.
Ukraine has recognised human rights and rule of law by accession to the numerous international treaties such as:
- the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms;
- the International Covenant on Economic, Social and Cultural Rights;
- the International Covenant on Civil and Political Rights; and
- the United Nations Convention on the Rights of the Child.
More specifically, Ukraine has also entered international commitments related to data protection, such as the Council of Europe Convention 108 for the Protection of Individuals regarding Automatic Processing of Personal Data9. The Convention 108 includes many of the same rights and as GDPR, such as the principles of proportionality, lawfulness, and transparency. Restriction on the rights laid down in the Convention are only possible when overriding interests (e.g., state security, defence, etc.) are at stake. The Convention also imposes some restrictions on transborder flows of personal data to states where legal regulation does not provide equivalent protection.
Ukraine have also adopted several laws and regulations that regulate data protection in Ukraine which also applies to foreign data subjects:
- Law of 1 June 2010 No. 2997-VI on Personal Data Protection;
- Law of 23 February 2012 No. 4452-VI and the Law of 20 November 2012 No. 5491-VI (collectively 'the Amendments').
Moreover, Ukraine is a party to the EU-Ukraine Association Agreement between the European Union and its Member States10, of the one part, and Ukraine, of the other part. Title III of the EU-Ukraine Association Agreement provides for the development of national laws to bring them in line with the standards set forth by the GDPR.
The main regulator for data protection in Ukraine is the Ombudsman. The Ombudsman maintains an independent role from government bodies and other state bodies. The Ombudsman has adopted several legislative acts relating to data protection, which together with the Law and amendments provides provisions on the rights and responsibilities of data controllers and data processors, as well as the rights of data subjects.
Itera is not aware of any disproportionate surveillance acts or surveillance practice in Ukraine. Neither have we experienced any government access request for disclosure of data since we initiated activities in Ukraine in 2008.
Currently, Ukraine has obtained the status of EU Candidate Country. Political reforms are expected to close gaps between Ukraine and the EU further and adopt regulations applicable to all member states, including the GDPR.
As a result of the war in Ukraine (since February 24th 2022), Russian state sponsored cyberattacks have increased in number and impact worldwide. As a company with a local presence in Ukraine, we have identified a significant increase in risks and have conducted numerous risk management activities with an aim to reduce the risk of data loss and unauthorized access.
We have implemented numerous risk-reducing counter measures to control both the likelihood and potential consequences of attacks targeting our own as well as our customers’ data.
Our security team is on heightened alert and is constantly monitoring our endpoints, network and other information assets for suspicious activities. Our business- and service continuity plans have been tested, invoked and are fully operational and our delivery capacity is currently unaffected by the war.
Itera's approved BCR-P provides a robust framework for processing and transfer of personal data to Ukraine. Itera will actively monitor regulatory, political and social developments in Ukraine to ensure that the BCR-P and our compliance framework provides an adequate level protection of personal data in the light of the GDPR and the EDPB guidelines.
This assessment is a product by and for Itera. Itera does not provide legal advisory, and this information can therefore not be perceived as such. Any reference to or any use of this information outside Itera is at the third party's own risk.