Data Processing in a Third Country Sample Clauses

Data Processing in a Third Country. 1.9.1. Does the Processor or its subcontractor process personal data emanating from the EU outside the European Economic Area (EU member states plus Iceland, Liechtenstein and Norway) or outside a country recognized by the European Commission as having an adequate level of data protection, or does the Processor or its subcontractor access EU-sourced personal data from outside the countries specified above? Yes No If yes, how is the adequate level of data protection ensured with respect to processing in said state(s)? The application of the EU's standard contractual clauses governing data processing on behalf in third countries has been agreed in writing with the Processor or its subcontractor The data processing is subject to binding rules and regulations that have been put in place by the Processor and are recognized by the relevant regulatory authority as providing an adequate basis for providing an appropriate level of data protection within the meaning of EU law. 1.9.2. Does the personal data processed under the present agreement emanate from countries other than those specified in Section 1.9.1 that also specify requirements under data protection law in respect of data processing abroad, and is this data processed abroad from the perspective of those countries? Yes No If yes, how is the legal basis ensured with respect to processing outside this/these country/countries?

Data Processing in a Third Country. 1.9.1. Does the processing of personal data emanating from the EU by the processor or its subprocessors takes place in one or more third countries, or the processor or its subprocessors access personal data emanating from the EU from one or more third countries? (Third countries are countries outside the European Economic Area, but not those countries for which the EU Commission has determined an adequate level of data protection.) Yes No If yes, the adequate level of data protection with regards to processing in third countries is ensured as follows: The application of the EU's standard contractual clauses for governing the transfer of personal data to third countries has been agreed in writing with the Processor. In this case, the Processor acts as a data importer in accordance with EU Commission Implementing Decision 2021/914 on Standard Contractual Clauses. The Processor undertakes to carry out, together with the Controller, the checks of the laws and practices in the third countries relevant to this agreement as required by clause 14 of the EU Standard Contractual Clauses in order to ensure that local legislation and practices in the third countries, applicable to the processing by the relevant data importer, do not prevent the data importer from fulfilling its obligations under the EU standard contractual clauses. For this purpose, the Processor will, upon request, respond to a questionnaire from the Controller on processing in third countries and the applicable laws and practices. In the event that the Processor and/or the Controller determine that local laws and practices in one or more third countries, prevent the data importer from acting in accordance with the requirements of the EU Standard Contractual Clauses, the parties will enter into good-faith-discussions within a reasonable period of time and with the aim that the Processor provides additional technical, organizational or contractual safeguards to ensure an adequate protection of the personal data that are subject to this agreement. If these discussions do not lead to a contractual agreement on additional safeguards for an adequate protection of the personal data in the relevant third countries, the Controller has the right to terminate the agreement extraordinarily in relation to the part of the service processed in third countries. If the part of the service processed in the third countries cannot be separated from the other service components in a technically and economically reasonab...