BORDER TRANSFERS OF PERSONAL DATA. 6.1 Other than where the transfer is to an approved Subcontractor referred to at Clause 7 below, Pulsant (and any subcontractor) will not transfer or otherwise process the Client Data outside the UK/EEA without obtaining the Client’s prior written consent. Such consent is not to be unreasonably withheld or delayed.
6.2 Where such consent is granted or the Subcontractor is otherwise approved, Pulsant shall process, or permit the processing, of the Personal Data outside the UK/EEA under the following conditions:
6.2.1 Pulsant is processing the Personal Data in a territory which is subject to adequacy regulations under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals; or
6.2.2 Pulsant participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that Pulsant (and, where appropriate, the Client) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the UK GDPR and EU GDPR.
6.3 If any Client Data transfer between the Client and Pulsant requires execution of SCCs in order to comply with the Data Protection Legislation (where the Client is the entity exporting Personal Data to Pulsant outside the EEA), the parties shall be deemed to have executed, the SCCs/ contained in Appendix B, and take all other actions reasonably required to legitimise the transfer.
BORDER TRANSFERS OF PERSONAL DATA. 6.1 If an adequate protection measure for the international transfer of Personal Data is required under applicable Data Protection Legislation (and has not otherwise been arranged by the parties) the Standard Contractual Clauses shall be incorporated into this Schedule in the International Transfers Appendix (Schedule 3) as if they had been set out in full.
BORDER TRANSFERS OF PERSONAL DATA. 7.1 If an adequate protection measure for the international transfer of Personal Data is required under applicable data protection legislation (and has not otherwise been arranged by the parties) the SCCs shall be incorporated into this DPA in the Schedule as if they had been set out in full.
7.2 The Customer consents to Digital Shadows (and its sub-Processors) transferring Personal Data outside the United Kingdom and the European Economic Area ("GDPR Territories"). Provided that where such processing occurs, Digital Shadows:
7.2.1 is processing Personal Data in a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals;
7.2.2 participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that Digital Shadows (and, where appropriate, the Customer) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the General Data Protection Regulation ((EU) 2016/679); or
7.2.3 otherwise ensures that the transfer complies with the Data Protection Legislation.
7.3 In the case of any Processing of Personal Data outside of the GDPR Territories as at the date of this DPA, Digital Shadows has identified in the Schedule the relevant transfer mechanism. Digital Shadows will promptly inform the Customer of any change to such mechanisms.
7.4 The Customer authorises Digital Shadows to enter into the SCCs with the sub-Processor on the Customer’s behalf, if required to ensure the relevant Processing of Personal Data complies with Data Protection Legislation. Digital Shadows will make the executed SCC available to the Customer on written request.
BORDER TRANSFERS OF PERSONAL DATA. 7.1 If an adequate protection measure for the international transfer of Personal Data is required under applicable data protection legislation (and has not otherwise been arranged by the parties) the Standard Contractual Clauses shall be incorporated into this DPA in the Schedules as if they had been set out in full.
7.2 The Customer consents to Digital Shadows (and its sub-Processors) transferring Personal Data outside the United Kingdom and the European Economic Area ("GDPR Territories"). Provided that where such processing occurs, Digital Shadows:
7.2.1 is processing Personal Data in a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals;
7.2.2 participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that Digital Shadows (and, where appropriate, the Customer) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the GDPR; or
7.2.3 otherwise ensures that the transfer complies with the Data Protection Legislation.
7.3 In the case of any Processing of Personal Data outside of the GDPR Territories as at the date of this DPA, Digital Shadows has identified in the Schedules the relevant transfer mechanism. Digital Shadows will promptly inform the Customer of any change to such mechanisms.
7.4 Where Customer’s transfer of Personal Data to Digital Shadows (including in the context of an onward transfer) would be a transfer outside of the GDPR Territories under FADP, the EU Standard Contractual Clauses shall apply pursuant to clause 7.3, provided, however:
7.4.1 the term ‘member state’ shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the EU Standard Contractual Clauses;
7.4.2 references to the GDPR should be understood as references to the FADP insofar as the data transfers are subject to the FADP;
7.4.3 the EU Standard Contractual Clauses also protects the data of legal entities until the entry into force of the revised FADP; and
7.4.4 the competent Supervisory Authority (for purposes of Annex 1.C (under Xxxxxx 13 of the EU Standard Contractual Clauses)) shall be the Federal Data Protection and Inf...
BORDER TRANSFERS OF PERSONAL DATA. 7.1 If an adequate protection measure for the international transfer of Personal Data is required under applicable data protection legislation (and has not otherwise been arranged by the parties) the Standard Contractual Clauses shall be incorporated into this DPA in the Schedules as if they had been set out in full.
7.2 The Customer consents to Verasity. (and its sub-Processors) transferring Personal Data outside the United Kingdom and the European Economic Area ("GDPR Territories"). Provided that where such processing occurs, Verasity.:
7.2.1 is processing Personal Data in a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals;
7.2.2 participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that Verasity. (and, where appropriate, the Customer) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the GDPR; or
7.2.3 otherwise ensures that the transfer complies with the Data Protection Legislation.
7.3 In the case of any Processing of Personal Data outside of the GDPR Territories as at the date of this DPA, Verasity. has identified in the Schedules the relevant transfer mechanism. Verasity. will promptly inform the Customer of any change to such mechanisms.
7.4 Where Customer’s transfer of Personal Data to Verasity. (including in the context of an onward transfer) would be a transfer outside of the GDPR Territories under FADP, the EU Standard Contractual Clauses shall apply pursuant to clause 7.3, provided, however:
7.4.1 the term ‘member state’ shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the EU Standard Contractual Clauses;
7.4.2 references to the GDPR should be understood as references to the FADP insofar as the data transfers are subject to the FADP;
BORDER TRANSFERS OF PERSONAL DATA. 7.1. If and to the extent that the Provider’s Processing of Personal Data involves any Restricted Transfer, the Parties hereby agree to enter into Module Two of the EU Standard Contractual Clauses to facilitate the Restricted Transfers of Personal Data collected from the EEA and the UK Addendum to facilitate the Restricted Transfers of Personal Data collected from the United Kingdom, and the EU Standard Contractual Clauses and the UK Addendum shall be considered to be completed and populated in accordance with the terms set out in Appendix 2.
7.2. Any Restricted Transfer by the Provider shall be done only on the basis of documented instructions from Keyloop and in accordance with the Data Protection Laws.
7.3. Keyloop agrees that where the Processor engages a sub-processor in accordance with clause 7.2 above for carrying out specific processing activities under the terms of this Agreement and those processing activities involve a Restricted Transfer, the Provider and the sub-processor can ensure compliance with the Data Protection Laws by using the EU Standard Contractual Clauses and/or the UK Addendum as applicable. By signing this Agreement, Keyloop consents to the transfer of Personal Data to the International Recipients (if any) which are listed as Sub-processors in the Data Processing Details at the Effective Date.
BORDER TRANSFERS OF PERSONAL DATA.
3.1. Cross-Border Transfers of Personal Data. Customer authorizes Company and its Third Parties to transfer Customer Personal Data across international borders, including from the European Economic Area (the “EEA”), the United Kingdom, and Switzerland to South Africa and Australia. Company and Customer agree to use the Standard Contractual Clauses as the adequacy mechanism supporting the transfer and Processing of Customer Personal Data, as further detailed below.
BORDER TRANSFERS OF PERSONAL DATA
