EU Standard Contractual Clauses. 13.1. Under the ESA Personal Data Protection Framework, the transfer of Personal Data towards a country not recognized as offering an Adequate Level of Protection may only be done after being authorised by the ESA Data Protection Officer (DPO) and subject to “adequate safeguards with respect to the protection of the Personal Data and data subject’s rights”. 13.2. As “adequate safeguards”, the Parties agreed to adopt the level of protection resulting from the provisions of the EU Standard Contractual Clauses for the Transfer of Personal Data to Third Countries pursuant to Regulation (EU) 2016/679, in their latest version released / approved by the European Commission (hereinafter “EU SCC”), which shall be deemed included, by reference, in the Contract, together with the Annexes of EU SCC filled in as appropriate, subject always to the prevailing principles applicable in relation to ESA: a) the provisions of EU SCC will apply mutatis mutandis, only to the extent compatible with the specific statute of ESA as international intergovernmental organisation and always subject to the application of ESA Convention, in particular its Annex I “Privileges and immunities” and its legal framework, including by PDP Framework available at xxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulations, which shall prevail in particular in case of conflict, ambiguity or inconsistency; b) any provision of the EU SCC referring a dispute to a national court or another national or international forum is deemed not applicable, given that the Parties agree that: (i) any Personal Data-related incidents or disputes shall be submitted to the independent Data Protection Supervisory Authority established by ESA Council Resolution, in which case the Rules of Procedure for the Data Protection Supervisory Authority, as set forth ESA PDP Framework, shall apply; (ii) any other matter giving rise to a dispute shall be referred to arbitration as per Clause 35 of the Contract.
Appears in 2 contracts
Samples: Agile Draft Contract, Agile Draft Contract
EU Standard Contractual Clauses. 13.1. Under the ESA Personal Data Protection Framework, the transfer of Personal Data towards a country not recognized as offering an Adequate Level of Protection may only be done after being authorised by the ESA Data Protection Officer (DPO) and subject to “adequate safeguards with respect to the protection of the Personal Data and data subject’s rights”.
13.2. As “adequate safeguards”, the Parties agreed to adopt the level of protection resulting from the provisions of the EU Standard Contractual Clauses for the Transfer of Personal Data to Third Countries pursuant to Regulation (EU) 2016/679, in their latest version released / approved by the European Commission (hereinafter “EU SCC”), which shall be deemed included, by reference, in the Contract, together with the Annexes of EU SCC filled in as appropriate, subject always to the prevailing principles applicable in relation to ESA:
a) the provisions of EU SCC will apply mutatis mutandis, only to the extent compatible with the specific statute of ESA as international intergovernmental organisation and always subject to the application of ESA Convention, in particular its Annex I “Privileges and immunities” and its legal framework, including by PDP Framework available at xxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulationsxxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ES A_rules_and_regulations, which shall prevail in particular in case of conflict, ambiguity or inconsistency;
b) any provision of the EU SCC referring a dispute to a national court or another national or international forum is deemed not applicable, given that the Parties agree that:
(i) any Personal Data-related incidents or disputes shall be submitted to the independent Data Protection Supervisory Authority established by ESA Council Resolution, in which case the Rules of Procedure for the Data Protection Supervisory Authority, as set forth ESA PDP Framework, shall apply;
(ii) any other matter giving rise to a dispute shall be referred to arbitration as per Clause 35 of the Contract.
c) such transfer shall only take place after obtaining the written authorisation by the ESA Data Protection Officer (DPO) in consideration of the :
(i) annexes of the EU SCC, added to the Contract in particular: ˗ Annex I.A [List of Parties : data exporter/data importer] ˗ Annex I.B [Description of the transfer(s)] - Annex I.C [Competent Supervisory Authority] ˗ Annex II [Technical and organisational measures, including Technical and Organisational Measures to Ensure the Security].
(ii) the following selected module and options provided by the EU SCC, which are contractually agreed to by the Parties are applicable: Module One of the EU SCC: Transfer Controller to Controller
Appears in 1 contract
Samples: Feasibility Study Agreement
EU Standard Contractual Clauses. 13.1. Under the ESA Personal Data Protection Framework, the transfer of Personal Data towards a country not recognized as offering an Adequate Level of Protection may only be done after being authorised by the ESA Data Protection Officer (DPO) and subject to “adequate safeguards with respect to the protection of the Personal Data and data subject’s rights”.
13.2. As “adequate safeguards”, the Parties agreed to adopt the level of protection resulting from the provisions of the EU Standard Contractual Clauses for the Transfer of Personal Data to Third Countries pursuant to Regulation (EU) 2016/679, in their latest version released / approved by the European Commission (hereinafter “EU SCC”), which shall be deemed included, by reference, in the Contract, together with the Annexes of EU SCC filled in as appropriate, subject always to the prevailing principles applicable in relation to ESA:
a) the provisions of EU SCC will apply mutatis mutandis, only to the extent compatible with the specific statute of ESA as international intergovernmental organisation and always subject to the application of ESA Convention, in particular its Annex I “Privileges and immunities” and its legal framework, including by PDP Framework available at xxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulationsxxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ ESA_rules_and_regulations, which shall prevail in particular in case of conflict, ambiguity or inconsistency;
b) any provision of the EU SCC referring a dispute to a national court or another national or international forum is deemed not applicable, given that the Parties agree that:
(i) any Personal Data-related incidents or disputes shall be submitted to the independent Data Protection Supervisory Authority established by ESA Council Resolution, in which case the Rules of Procedure for the Data Protection Supervisory Authority, as set forth ESA PDP Framework, shall apply;
(ii) any other matter giving rise to a dispute shall be referred to arbitration as per Clause 35 of the Contract.
c) such transfer shall only take place after obtaining the written authorisation by the ESA Data Protection Officer (DPO) in consideration of the:
(i) annexes of the EU SCC, added to the Contract in particular: ˗ Annex I.A [List of Parties : data exporter/data importer] ˗ Annex I.B [Description of the transfer(s)] - Annex I.C [Competent Supervisory Authority] ˗ Annex II [Technical and organisational measures, including Technical and Organisational Measures to Ensure the Security].
(ii) the following selected module and options provided by the EU SCC, which are contractually agreed to by the Parties are applicable: Module One of the EU SCC: Transfer Controller to Controller The following are the requirements for Management, Reporting, Meetings and Deliverables applicable to the present activity.
Appears in 1 contract
Samples: Esa Contract
EU Standard Contractual Clauses. 13.1. Under the ESA Personal Data Protection Framework, the transfer of Personal Data towards a country not recognized as offering an Adequate Level of Protection may only be done after being authorised by the ESA Data Protection Officer (DPO) and subject to “adequate safeguards with respect to the protection of the Personal Data and data subject’s rights”.
13.2. As “adequate safeguards”, the Parties agreed to adopt the level of protection resulting from the provisions of the EU Standard Contractual Clauses for the Transfer of Personal Data to Third Countries pursuant to Regulation (EU) 2016/679, in their latest version released / approved by the European Commission (hereinafter “EU SCC”), which shall be deemed included, by reference, in the Contract, together with the Annexes of EU SCC filled in as appropriate, subject always to the prevailing principles applicable in relation to ESA:
a) the provisions of EU SCC will apply mutatis mutandis, only to the extent compatible with the specific statute of ESA as international intergovernmental organisation and always subject to the application of ESA Convention, in particular its Annex I “Privileges and immunities” and its legal framework, including by PDP Framework available at xxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulationsxxxx://xxx.xxx.xxx/About_Us/Law_at_ESA/Highlights_of_ ESA_rules_and_regulations, which shall prevail in particular in case of conflict, ambiguity or inconsistency;
b) any provision of the EU SCC referring a dispute to a national court or another national or international forum is deemed not applicable, given that the Parties agree that:
(i) any Personal Data-related incidents or disputes shall be submitted to the independent Data Protection Supervisory Authority established by ESA Council Resolution, in which case the Rules of Procedure for the Data Protection Supervisory Authority, as set forth ESA PDP Framework, shall apply;
(ii) any other matter giving rise to a dispute shall be referred to arbitration as per Clause 35 of the Contract.
c) such transfer shall only take place after obtaining the written authorisation by the ESA Data Protection Officer (DPO) in consideration of the:
(i) annexes of the EU SCC, added to the Contract in particular: ˗ Annex I.A [List of Parties : data exporter/data importer] ˗ Annex I.B [Description of the transfer(s)] - Annex I.C [Competent Supervisory Authority] ˗ Annex II [Technical and organisational measures, including Technical and Organisational Measures to Ensure the Security].
(ii) the following selected module and options provided by the EU SCC, which are contractually agreed to by the Parties are applicable: Module One of the EU SCC: Transfer Controller to Controller
Appears in 1 contract
Samples: Contract
