Data Processing Agreement

Last updated: 19 May 2026

This Data Processing Agreement (“DPA”) forms part of, and is incorporated into, the agreement between the Controller and Rudig Consultores Lda (trading as “bessmo”) for the provision of the bessmo service (the “Principal Agreement”). It is based on the Standard Contractual Clauses set out in Commission Implementing Decision (EU) 2021/915 of 4 June 2021 on standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 (“GDPR”).

In the event of any conflict between this DPA and the Principal Agreement, this DPA prevails on matters relating to the processing of Personal Data.

Parties

Data Exporter / Controller: The customer entity identified in the Principal Agreement (the “Controller”).

Data Importer / Processor:

Rudig Consultores Lda (trading as “bessmo”)
Rua da Barroca 6, 2º Esq, 2655-240 Ericeira, Portugal
NIPC: 518031292
Contact for data protection: contact@bessmo.com

1. Purpose and scope

(a) This DPA ensures compliance with Article 28(3) and (4) GDPR.

(b) The Controller and the Processor (each a “Party”, together the “Parties”) have agreed to these clauses in order to ensure compliance with GDPR and to ensure the protection of the rights of the natural person whose Personal Data is processed.

(c) These clauses apply to the processing of Personal Data as specified in Annex I.

(d) Annexes I to III are an integral part of this DPA.

(e) This DPA is without prejudice to obligations to which the Controller is subject under GDPR.

(f) This DPA does not by itself ensure compliance with obligations related to international transfers under Chapter V GDPR.

2. Invariability of the clauses

(a) The Parties undertake not to modify the clauses, except for adding information to the Annexes or updating information in them.

(b) This does not prevent the Parties from including the standard contractual clauses in a broader contract, provided that other provisions do not contradict the clauses or detract from the fundamental rights or freedoms of data subjects.

3. Interpretation

(a) Where this DPA uses terms defined in GDPR, those terms shall have the same meaning as in GDPR.

(b) This DPA shall be read and interpreted in light of the provisions of GDPR.

(c) This DPA shall not be interpreted in a way that runs counter to the rights and obligations provided for in GDPR or in a way that prejudices the fundamental rights or freedoms of data subjects.

4. Hierarchy

In the event of a contradiction between this DPA and the provisions of related agreements between the Parties existing at the time this DPA is agreed or entered into thereafter, this DPA shall prevail.

5. Docking clause

Not applicable. This is a two-party DPA between the Controller and the Processor and does not contemplate additional parties acceding to the agreement.

6. Description of processing

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 I.

7. Obligations of the Parties

7.1 Instructions

(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 such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the Controller throughout the duration of the processing. The Controller’s instructions shall always be documented.

(b) The Processor shall immediately inform the Controller if, in the Processor’s opinion, instructions given by the Controller infringe GDPR or applicable Union or Member State data protection provisions.

7.2 Purpose limitation

The Processor shall process Personal Data only for the specific purpose(s) of the processing, as set out in Annex I, unless it receives further instructions from the Controller.

7.3 Duration of processing

Processing by the Processor shall only take place for the duration specified in Annex I.

7.4 Security of processing

(a) The Processor shall implement the technical and organisational measures specified in Annex II 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 (a “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.

(b) The Processor shall grant access to the Personal Data 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 have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5 Sensitive data

The bessmo service is not designed to process special categories of Personal Data under Article 9 GDPR or Personal Data relating to criminal convictions and offences under Article 10 GDPR. The Controller shall not upload or otherwise provide such data to the Processor. If, despite this, such data is processed, the Processor will apply the specific restrictions and additional safeguards described in Annex II.

7.6 Documentation and compliance

(a) The Parties shall be able to demonstrate compliance with this DPA.

(b) The Processor shall deal promptly and adequately with inquiries from the Controller about the processing of data in accordance with this DPA.

(c) The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations that are set out in this DPA and stem directly from GDPR. At the Controller’s request, the Processor shall also permit and contribute to audits of the processing activities covered by this DPA, 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.

(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.

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority on request.

7.7 Use of sub-processors

(a) General written authorisation: The Processor has the Controller’s general authorisation to engage sub-processors from an agreed list. The Processor shall specifically inform the Controller in writing of any intended changes to that list through the addition or replacement of sub-processors at least thirty (30) days in advance, thereby giving the Controller sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The Processor shall provide the Controller with the information necessary to enable the Controller to exercise its right to object. The current list of sub-processors is set out in Annex III and is also published at www.bessmo.com/subprocessors.

(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 those imposed on the Processor in accordance with this DPA. The Processor shall ensure that the sub-processor complies with the obligations to which the Processor is subject pursuant to this DPA and to GDPR.

(c) At the Controller’s request, the Processor shall provide a copy of such a sub-processor agreement and any subsequent amendments. To the extent necessary to protect business secrets or other confidential information, including personal data, the Processor may redact the text of the agreement prior to sharing the copy.

(d) The Processor shall remain fully responsible to the Controller for the performance of the sub-processor’s 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.

(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.

7.8 International transfers

(a) Any transfer of Personal 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 GDPR.

(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 GDPR, the Processor and the sub-processor can ensure compliance with Chapter V GDPR by using standard contractual clauses adopted by the Commission in accordance with Article 46(2) GDPR, provided the conditions for the use of those standard contractual clauses are met.

8. Assistance to the Controller

(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.

(b) The Processor shall assist the Controller in fulfilling its obligations to respond to data subjects’ requests for the exercise of 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’s instructions.

(c) In addition to the Processor’s 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:

• 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 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;
• 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;
• the obligations in Article 32 GDPR.

(d) The Parties shall set out in Annex II 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.

9. Notification of Personal Data Breach

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 GDPR, where applicable, taking into account the nature of processing and the information available to the Processor.

9.1 Breach concerning data processed by the Controller

In the event of a Personal Data Breach concerning data processed by the Controller, the Processor shall assist the Controller:

• 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);
• in obtaining the following information which, pursuant to Article 33(3) GDPR shall be stated in the 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 Controller to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.

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.

9.2 Breach concerning data processed by the Processor

In the event of a Personal Data Breach concerning data processed by the Processor, the Processor shall notify the Controller without undue delay, and in any event within forty-eight (48) hours of becoming aware of the breach. Such notification shall contain, at least:

• a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and data records concerned);
• the details of a contact point where more information concerning the personal data breach can be obtained;
• its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

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.

The Parties shall set out in Annex II all other elements to be provided by the Processor when assisting the Controller in the compliance with the Controller’s obligations under Articles 33 and 34 GDPR.

10. Non-compliance with the clauses and termination

(a) Without prejudice to any provisions of GDPR, in the event that the Processor is in breach of its obligations under this DPA, the Controller may instruct the Processor to suspend the processing of Personal Data until the latter complies with this DPA or the Principal Agreement is terminated. The Processor shall promptly inform the Controller in case it is unable to comply with this DPA, for whatever reason.

(b) The Controller shall be entitled to terminate the Principal Agreement insofar as it concerns processing of Personal Data in accordance with this DPA if:

• the processing of Personal Data by the Processor has been suspended by the Controller pursuant to point (a) and if compliance with this DPA is not restored within a reasonable time and in any event within one month following suspension;
• the Processor is in substantial or persistent breach of this DPA or its obligations under GDPR;
• the Processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to this DPA or to GDPR.

(c) The Processor shall be entitled to terminate the Principal Agreement insofar as it concerns processing of Personal Data under this DPA 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.

(d) Following termination of the Principal Agreement, 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 this DPA.

Annex I — Description of processing

A. List of Parties

Controller: As identified in the Principal Agreement (account holder of the bessmo service).

Processor: Rudig Consultores Lda (bessmo), Rua da Barroca 6, 2º Esq, 2655-240 Ericeira, Portugal, NIPC 518031292, represented by Samira Rudig-Sotomayor. Contact for data protection: contact@bessmo.com.

B. Description of Processing

Categories of data subjects whose personal data is processed:

• Personnel of the Controller authorised to use the service (users).
• Other natural persons whose personal data the Controller chooses to upload as part of input data (incidental and discouraged; the service is designed around commercial, non-personal data).

Categories of personal data processed:

• Identification and contact data: name, email address, job title, employer, telephone number (where provided).
• Authentication data: hashed passwords, authentication tokens, multi-factor authentication credentials.
• Usage data: log records of the Controller’s use of the service, including IP address, browser/user agent, timestamps, pages and features accessed, simulation runs initiated.
• Billing data: billing contact details and VAT number used to issue invoices for paid use of the Service.
• Customer-uploaded content: data files, configurations and free-text inputs supplied by the Controller through the service, which may incidentally contain personal data (e.g. a contact name inside a spreadsheet).

Sensitive data processed: None intended. The Controller shall not upload special categories of personal data under Articles 9 or 10 GDPR.

Nature of the processing: Provision of a software-as-a-service platform for the simulation and optimisation of battery energy storage system (“BESS”) economics, including storage of customer-uploaded data, execution of optimisation models, generation of output reports, and supporting administrative, billing and customer-support functions.

Purpose(s) for which the personal data is processed on behalf of the Controller:

• Hosting, storing and processing the Controller’s data to provide the bessmo service.
• Authenticating users and securing accounts.
• Generating outputs requested by the Controller.
• Providing customer support.
• Billing the Controller for use of the service.
• Maintaining the security, availability and integrity of the service.

Duration of the processing: For the term of the Principal Agreement and any retention period set out in the Principal Agreement or required by law, after which the data is deleted or returned in accordance with Clause 10(d).

For processing by sub-processors: As set out in Annex III, for the same duration and purposes.

C. Competent supervisory authority

The Comissão Nacional de Proteção de Dados (CNPD), Portugal, is the lead supervisory authority of the Processor.

Annex II — Technical and organisational measures

The Processor implements and maintains the following technical and organisational measures to ensure an appropriate level of security of Personal Data, taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of the processing.

1. Pseudonymisation and encryption (Art. 32(1)(a) GDPR)

• TLS 1.2 or higher for all data in transit between user agents and the service.
• Encryption at rest for all stored customer data and backups using industry-standard ciphers managed by the cloud infrastructure provider (see Annex III).
• Hashing of user passwords with a salted, slow hash function.

2. Confidentiality, integrity, availability and resilience (Art. 32(1)(b) GDPR)

• Multi-tenant data isolation through logical separation, with per-organisation access controls.
• Role-based access control for personnel of the Processor; least-privilege principle.
• Multi-factor authentication required for all personnel access to production systems.
• Regular review of access rights.
• Logical and physical security of hosting infrastructure provided by the cloud infrastructure sub-processor.
• Network segmentation and firewalling at the cloud provider level.
• Application-level protections against common web vulnerabilities (OWASP Top 10).

3. Restoration and availability (Art. 32(1)(c) GDPR)

• Automated, encrypted backups of production data.
• Documented restore procedure tested at planned intervals.
• Cloud provider redundancy across availability zones.

4. Testing and evaluation of effectiveness (Art. 32(1)(d) GDPR)

• Periodic review of these technical and organisational measures.
• Logging of access to production systems and administrative actions.
• Monitoring and alerting on anomalous activity.

5. Personnel and confidentiality

• All personnel and contractors with access to Personal Data are bound by written confidentiality obligations.
• Personnel are trained on data protection responsibilities.

6. Data subject rights assistance

• The Processor provides functionality and operational support to enable the Controller to respond to data subject access, rectification, erasure, restriction, objection and portability requests within statutory timeframes.

7. Breach response

• Documented incident-response procedure.
• Personal Data Breach notification to the Controller within 48 hours of the Processor becoming aware, as set out in Clause 9.2.

8. Sub-processor management

• Written contracts with all sub-processors imposing equivalent data protection obligations.
• Periodic review of sub-processor compliance.

The Processor may update these measures from time to time, provided that the overall level of security is not reduced.

Annex III — List of sub-processors

The Controller has authorised the use of the following sub-processors. The current list is also published, in summary form, at www.bessmo.com/subprocessors.

Billing is currently invoice-based; no third-party payment processor handles payment data on bessmo’s behalf. A payment processor will be added to this list, with advance written notice to Controllers, when card-based billing is introduced.