APPENDIX [ D ] to [ Contract / Agreement] out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the  Clauses and the terms of the written subcontract;  (e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and  freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal  data applicable to a data controller in the Member State in which the data exporter is established;  (f) ‘technical and organisational security measures’ means those measures aimed at protecting  personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised  disclosure or access, in particular where the processing involves the transmission of data over a  network, and against all other unlawful forms of processing.  The details of the transfer and in particular the special categories of personal data where applicable are  specified in Appendix 1 which forms an integral part of the Clauses.  1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to  (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party  beneficiary.  2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause  6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually  disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal  obligations of the data exporter by contract or by operation of law, as a result of which it takes on the  rights and obligations of the data exporter, in which case the data subject can enforce them against  such entity.  3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g),  Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the  data importer have factually disappeared or ceased to exist in law or have become insolvent, unless  any successor entity has assumed the entire legal obligations of the data exporter by contract or by  operation of law as a result of which it takes on the rights and obligations of the data exporter, in which  case the data subject can enforce them against such entity. Such third-party liability of the subprocessor  shall be limited to its own processing operations under the Clauses.  4. The parties do not object to a data subject being represented by an association or other body if the  data subject so expressly wishes and if permitted by national law.  The data exporter agrees and warrants:  (a) that the processing, including the transfer itself, of the personal data has been and will continue to  be carried out in accordance with the relevant provisions of the applicable data protection law (and,  where applicable, has been notified to the relevant authorities of the Member State where the data  exporter is established) and does not violate the relevant provisions of that State;  (b) that it has instructed and throughout the duration of the personal data-processing services will  instruct the data importer to process the personal data transferred only on the data exporter’s behalf  and in accordance with the applicable data protection law and the Clauses;  (c) that the data importer will provide sufficient guarantees in respect of the technical and organisational  security measures specified in Appendix 2 to this contract;  (d) that after assessment of the requirements of the applicable data protection law, the security  measures are appropriate to protect personal data against accidental or unlawful destruction or  accidental loss, alteration, unauthorised disclosure or access, in particular where the processing  Version 1.2: COMMISSION DECISION 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of  personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the  Council, as amended. Clause 4 - Obligations of the data exporter  Clause 3 - Third-party beneficiary clause  Clause 2 - Details of the transfer 