Application of the EU Standard Contractual Clauses. With respect to the EU Standard Contractual Clauses, the parties agree: (i) not to include the optional Docking Clause 7; (ii) the requirements to provide certification of deletion under clause 8.5 and clause 16 (d) are satisfied by cause 3.2 of this DPA; (iii) that Subscriber’s rights of audit under clauses 8.9(c), (d) and (e) and clause 13(b) are satisfied by clause 6.3 of this DPA; (iv) option two (general authorization of sub-processors) under clause 9(a); (v) that the time period required by clause 9(a) will be as set out in clause 5.2 of this DPA; (vi) not to implement the optional clause at clause 11 (a); (v) option one of clause 17 and the choice of governing law will be Ireland; and (vii) that the choice of courts required by clause 18(b) will be Ireland.
Application of the EU Standard Contractual Clauses. In case Customer’s Personal Data subject to the GDPR are transferred to Bentley Systems, Incorporated, such transfer is subject to the EU Standard Contractual Clauses. The EU Standard Contractual Clauses provide several modules which apply depending on which entity is exporting and importing Customer’s Personal Data. • Where the contractual party to this DPA is Bentley Systems International Limited, Module 3 of the EU Standard Contractual Clauses (processor to processor) applies to and between Bentley Systems International Limited as the “Data Exporter” and Bentley Systems, Incorporated as the “Data Importer” with respect to the transfer of Customer’s Personal Data to Bentley Systems, Incorporated. Bentley will provide Customer with a copy of the EU Standard Contractual Clauses concluded between Bentley Systems International Limited and Bentley Systems, Incorporated upon request. • Where the contractual party to this DPA is Bentley Systems, Incorporated, Module 2 of the EU Standard Contractual Clauses (controller to processor) applies to and between Customer as the “Data Exporter” and Bentley Systems, Incorporated as the “Data Importer” with respect to the transfer of Customer’s Personal Data to Bentley Systems, Incorporated. In this case, Customer must comply with the execution process defined in Section 1.2. of this Schedule 1.
