Onward Transfer. 1. Where a Competent Authority of one Party has transferred personal information relating to a specific case to a Competent Authority of the other Party, that information may be transferred to a State not bound by the present Agreement or international body only where the prior consent of the Competent Authority originally sending that information has been obtained.
2. When granting its consent to a transfer under paragraph 1, the Competent Authority originally transferring the information shall take due account of all relevant factors, including the seriousness of the offence, the purpose for which the data is initially transferred and whether the State not bound by the present Agreement or international body in question ensures an appropriate level of protection of personal information. It may also subject the transfer to specific conditions.
3. Where the United States, on the one hand, and the European Union or a Member State on the other, conclude an agreement on the transfer of personal information other than in relation to specific cases, investigations or prosecutions, the onward transfer of personal information may only take place in accordance with specific conditions set forth in the agreement that provide due justification for the onward transfer. The agreement shall also provide for appropriate information mechanisms between the Competent Authorities.
4. Nothing in this Article shall be construed as affecting any requirement, obligation or practice pursuant to which the prior consent of the Competent Authority originally transferring the information must be obtained before the information is further transferred to a State or body bound by this Agreement, provided that the level of data protection in such State or body shall not be the basis for denying consent for, or imposing conditions on, such transfers.
Onward Transfer. Onward transfer of information extracted from the Provided Data shall be limited pursuant to the following safeguards:
(a) Only information extracted as a result of an individualized search as described in this Agreement, in particular Article 5, shall be shared;
(b) Such information shall be shared only with law enforcement, public security, or counter terrorism authorities in the United States, Member States, or third countries, or with Europol or Eurojust, or other appropriate international bodies, within the remit of their respective mandates;
(c) Such information shall be shared for lead purposes only and for the exclusive purpose of the investigation, detection, prevention, or prosecution of terrorism or its financing;
(d) Where the U.S. Treasury Department is aware that such information involves a citizen or resident of a Member State, any sharing of the information with the authorities of a third country shall be subject to the prior consent of competent authorities of the concerned Member State or pursuant to existing protocols on such information sharing between the U.S. Treasury Department and that Member State, except where the sharing of the data is essential for the prevention of an immediate and serious threat to public security of a Party to this Agreement, a Member State, or a third country. In the latter case the competent authorities of the concerned Member State shall be informed of the matter at the earliest opportunity;
(e) In sharing such information, the U.S. Treasury Department shall request that the information shall be deleted by the recipient authority as soon as it is no longer necessary for the purpose for which it was shared; and
(f) Each onward transfer shall be duly logged.
Onward Transfer. 1. The United States may transfer PNR to competent government authorities of third countries only under terms consistent with this Agreement and only upon ascertaining that the recipient's intended use is consistent with those terms.
2. Apart from emergency circumstances, any such transfer of data shall occur pursuant to express understandings that incorporate data privacy protections comparable to those applied to PNR by DHS as set out in this Agreement.
3. PNR shall be shared only in support of those cases under examination or investigation.
4. Where DHS is aware that PNR of a citizen or a resident of an EU Member State is transferred, the competent authorities of the concerned Member State shall be informed of the matter at the earliest appropriate opportunity.
5. When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraphs 1 to 4 shall be respected.
Onward Transfer a. Meya may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Meya, its affiliates or Subprocessors maintain data processing operations.
b. To the extent that Meya processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign additional Model Contracts.
c. The parties agree that Meya is the "data importer" and Customer is the "data exporter" under such Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
d. The parties agree that the data export solution identified in Section 8.b shall not apply if, and to the extent that, Meya adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).
Onward Transfer. To disclose information to a third party, organizations must apply the notice and choice Principles. Where an organization wishes to transfer information to a third party that is acting as an agent, it may do so if it first either ascertains that the third party subscribes to the Principles or is subject to the Directive or another adequacy finding or enters into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant Principles. If the organization complies with these requirements, it shall not be held responsible (unless the organization agrees otherwise) when a third party to which it transfers such information processes it in a way contrary to any restrictions or representations, unless the organization knew or should have known the third party would process it in such a contrary way and the organization has not taken reasonable steps to prevent or stop such processing.
Onward Transfer. Link Corporation will not transfer the personal data received to third parties or have it processed by a service provider as part of processing on behalf of D-Link Corporation.
Onward Transfer. If the Parties are relying on the Standard Contractual Clauses for the onward transfer of such data then the following shall be included in the agreement between Provider and the Sub‐Processor in addition to all requirements of Art 28
10.1. The Sub‐Processor agrees to comply with the clauses of the Standard Contractual Clauses that are applicable to sub‐ processors, these being Clauses 1, 3, 5, 6, 7, 8(2), 8(3), 9, 10, 11 and 12 and appendices 1 and 2 (the “Sub‐processor Clauses”), for the transfer of Personal Information to processors established in third countries which do not ensure an adequate level of data protection. Such Sub‐Processor Clauses are hereby incorporated by reference as through fully rewritten herein. The Sub‐Processor Clauses are governed by the law of the member state in which the relevant Controller is established.
10.2. The Sub‐Processor agrees to comply with the obligations described in the Sub‐Processor Clauses even if Personal Information is processed in an Adequate Country (as such term is defined under the GDPR).
Onward Transfer. The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if: . the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
i. the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
ii. the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
iii. the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person. Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
Onward Transfer. In the event that the PCAOB intends to transfer any personal data to a Third Party (except the U.S. Securities and Exchange Commission) the PCAOB shall comply with the process set forth in Article IV (7)
Onward Transfer. Vendor represents and warrants that it f ulf ills, and will continue to f ulf il for the term of the Agreement, one of the following criteria (the “Onward Transfer Criteria”):
a. Vendor is located in the European Union or a country or territory whose legal regime is deemed by the European Commission to provide f or an adequate level of personal data protection;
b. Vendor is certified to comply with the EU-U.S. Privacy Shield Framework or a similar approved certif ication mechanism, and has committed to apply the appropriate saf eguards;
c. Vendor is subject to binding corporate rules in accordance with Article 47 of GDPR;
d. Vendor and Blackbaud have entered into the standard data protection clauses set forth in Exhibit A attached hereto and incorporated herein (the “Standard Contractual Clauses”); or
e. Vendor f ulf ils one of the other measures described in Article 46 of GDPR for providing appropriate saf eguards.
