EU 2021 Standard Contractual Clauses. (a) The DPA hereby incorporates by reference the EU 2021 Standard Contractual Clauses. The Parties are deemed to have accepted, executed, and signed the Standard Contractual Clauses where necessary in their entirety (including the annexures thereto).
(b) The content of EU 2021 Annex I and Xxxxx XX of the EU 2021 Standard Contractual Clauses is set forth in the Idera Affiliates Data Processing Terms.
(c) The text contained in Annex A to these Jurisdiction Specific Terms supplements the EU 2021 Standard Contractual Clauses.
(d) The Parties agree to apply the following modules:
i. Module two of the EU 2021 Standard Contractual Clauses when, in accordance with Section 2(a) of the DPA, the Data Exporter is Customer and acts as a Controller and the Data Importer is Idera and acts as a Processor; and
ii. Module three of the EU 2021 Standard Contractual Clauses when, in accordance with Section 2(a) of the DPA, the Data Exporter is Customer and acts as a Processor and the Data Importer is Idera and acts as a sub-Processor.
iii. Module four of the EU 2021 Standard Contractual Clauses when, in accordance with Section 2(a) of the DPA, the Data Exporter is Idera and acts as a Processor and Data Importer is Customer and acts as Controller.
(e) For the purposes of Annex I.A:
i. The Parties have provided each other with the identity information contact details required under Xxxxx X.X.
ii. The Parties’ controllership roles are set forth in Section 3.1 of the DPA.
iii. The details of Xxxxx’s data protection officer and data protection representative in the EU are set forth in the Idera Affiliate Processing Terms and Section 9 of the DPA.
iv. The activities relevant to the Customer Personal Data transferred under the EU 2021 Standard Contractual Clauses are set forth in the Idera Affiliate Processing Terms.
(f) Parties’ Choices under the EU 2021 Standard Contractual Clauses:
i. For the purposes of Clause 7 of the EU 2021 Standard Contractual Clauses, the Parties choose not to include the optional docking clause.
ii. With respect to Clause 9 of the EU 2021 Standard Contractual Clauses, the Parties select the “Option 2 General Written Authorization” and the time period set forth in Section 2(e) of the DPA.
iii. For the purpose of Clause 11 of the EU 2021 Standard Contractual Clauses, the Parties choose not to include the optional language relating to the use of an independent dispute resolution body.
iv. For the purpose of Annex I.C and with respect to Clause 13 (when applica...
EU 2021 Standard Contractual Clauses. (a) This Addendum hereby incorporates by reference the EU 2021 Standard Contractual Clauses with certain modifications. The Parties are deemed to have accepted, executed, and signed the EU Standard Contractual Clauses where necessary in their entirety (including the annexures thereto).
(b) The Parties incorporate and adopt the EU 2021 Standard Contractual Clauses for Restricted Transfers subject to Swiss Data Protection Laws in the same manner set forth in Section 4.3 of these Jurisdiction Specific Terms, subject to the following:
(i) Clause 13 (Annex I.C): The competent authority shall be the FDPIC. Nothing about the Parties’ designation of the competent Supervisory Authority shall be interpreted to preclude Data Subjects in Switzerland from applying to the FDPIC for relief;
(ii) Clause 17.The EU 2021 Standard Contractual Clauses shall be governed by the laws of the Swiss Confederation.
(iii) Clause 18: Any dispute arising from the EU 2021 Standard Contractual Clauses shall be resolved by the courts of the Republic of Ireland.. The Parties’ selection of forum may not be construed as forbidding Data Subjects habitually resident in Switzerland from suing for their rights in Switzerland;
(iv) References to “Regulation (EU) 2016/679” and specific articles therein shall be replaced with references to the FADP and the equivalent articles or sections therein, insofar as there are any Restricted Transfers subject to Swiss Data Protection Laws.
(c) In cases where the EU 2021 Standard Contractual Clauses apply, and there is a conflict between the terms of the Addendum and the terms of the EU 2021 Standard Contractual Clauses, the terms of EU 2021 Standard Contractual Clauses shall prevail.
