Do I need an order processing contract (AVV) from Easybell?

An order processing contract (AVV) is about processing certain data in an order. This is to be distinguished from the case where data must be used to provide a service. In the case of the DPA, the data is the object of the service and not just a means to an end. This is comparable to the transfer of personal data to a tax consultant for the preparation of a tax return or to a lawyer for litigation. Here too, a DPA is not necessary.

The telecommunications services offered by Easybell are largely not a case of commissioned processing within the meaning of Art. 28 GDPR, as a telecommunications provider is itself responsible for the data relating to the circumstances of the telecommunications (such as billing data) (see Art 29 Group, WP 169, page 13) and does not take note of the content of the communication in order to maintain telecommunications secrecy in accordance with Section 88 TKG.

As telecommunications secrecy is a right protected under Article 10 of the German Basic Law, telecommunications providers are also subject to particularly high requirements for the technical protective measures of their telecommunications networks, compliance with which is monitored by the Federal Network Agency. To this end, Easybell has drawn up a security concept in accordance with Section 166 (4) TKG and submitted it to the Federal Network Agency. Due to the special confidentiality of this security concept, however, we cannot provide any details of the measures taken, but can only point out that they meet the high legal requirements for telecommunications companies in accordance with § 166 TKG.

This also includes most of the functions of the "Cloud Telephone System" product, where call delivery is part of the service. The data required for this, such as call destinations, callers, etc., is therefore not order data, but is used to provide the service. This required data is therefore generally not AV. Certain service features could constitute an AV. These include, for example, the mailbox in which calls or faxes are stored. Here, storage is the core of the service. Easybell does not store such communications, but sends them directly to the customer by e-mail. This means that an AVV is not required.

However, the "Contacts" function (telephone and address book) is an exception. Here, in addition to the General Terms and Conditions for the use of business customer tariffs, the Supplementary General Terms and Conditions for Data Processing - Easybell Cloud Telephone System also apply. This agreement corresponds to a GCU, but does not have to be signed separately.