Common use of International Transfers and Country-Specific Deviations Clause in Contracts

International Transfers and Country-Specific Deviations. 4.1 Personal Data that SAP has received from any Data Controller hereunder shall only be exported by SAP or its Subprocessors from the Data Center to or accessed from a country or territory outside the EEA (“International Transfer”) if (a) the recipient itself or the country or territory in which it operates (i.e. where or from where it processes or accesses Personal Data) has been found to ensure an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of Personal Data as determined by the European Commission and subject to the scope restrictions of any such determination, or (b) when a Non-EU Entity fulfills the requirements of Section 4.2 below. The same shall apply to SAP receiving Personal Data directly from a Data Controller in the EEA, via Internet access to a Service hosted in a Data Center outside the EEA. 4.2 SAP (through SAP SE) has entered into the Standard Contractual Clauses with each Non-EU Entity processing Personal Data hereunder by means of an International Transfer. Customer hereby accedes to the Standard Contractual Clauses and may then directly enforce them against the relevant Non-EU Entity. Customer furthermore will procure that each Data Controller will accede to such Standard Contractual Clauses entered into between SAP and Customer. In the event such direct right does not exist for the Data Controller or is successfully challenged by a Subprocessor, SAP shall enforce such Standard Contractual Clauses against the Subprocessor on behalf of the Data Controller in compliance with this Exhibit. Unless otherwise agreed by the parties, Appendices 1 and 2 of the Standard Contractual Clauses as attached shall apply. Nothing in the Agreement shall be construed to prevail over any conflicting Clause of the Standard Contractual Clauses. Customer acknowledges it has had the opportunity to review the Standard Contractual Clauses or to obtain a full copy from SAP. 4.3 The Standard Contractual Clauses shall be governed by the law of the Member State in which the EEA based Data Exporter is established.