Transborder Data Processing Sample Clauses

Transborder Data Processing. 8.1 In the case of a transfer of Customer Personal Data to a country not providing an adequate level of protection pursuant to the Data Protection Laws (Non-Adequate Country), the parties shall cooperate to ensure compliance with the applicable Data Protection Laws as set out in the following Sections. If Customer believes the measures set out below are not sufficient to satisfy the legal requirements, Customer shall notify Acoustic and the parties shall work together to find an alternative. 8.2 By entering into the Agreement, Customer is entering into EU Standard Contractual Clauses as set out in the applicable DPA Exhibit (EU SCC) with (i) each Subprocessor listed in the relevant Data Sheet that is an Acoustic affiliate located in a Non-Adequate Country (Acoustic Data Importers) and (ii) Acoustic , if located in a Non-Adequate Country, as follows: a. if Customer is a Controller of all or part of the Customer Personal Data, Customer is entering into the EU SCC in respect to such Customer Personal Data; and b. if Customer is acting as Processor on behalf of other Controllers of all or part of the Customer Personal Data, then Customer is entering into the EU SCC: i. as back-to-back EU SCC in accordance with Clause 11 of the EU Standard Contractual Clauses (Back-to- Back SCC), provided that Customer has entered into separate EU Standard Contractual Clauses with the Controllers; or ii. on behalf of the other Controller(s). Customer agrees in advance that any new Acoustic Data Importer engaged by Acoustic in accordance with Section 7 shall become an additional data importer under the EU SCC and/or Back-to-Back SCC. 8.3 If a Subprocessor located in a Non-Adequate Country is not an Acoustic Data Importer (Third Party Data Importer) and EU SCC are entered into in accordance with Section 8.2, then, Acoustic or an Acoustic Data Importer shall enter into Back-to-Back SCC with such a Third Party Data Importer.. 8.4 If Customer is unable to agree to the EU SCC or Back-to-Back SCC on behalf of another Controller, as set out in section 8.2 and 8.3, Customer will procure the agreement of such other Controller to enter into those agreements directly. Additionally, Customer agrees and, if applicable, procures the agreement of other Controllers that the EU SCC or the Back-to-Back SCC, including any claims arising from them, are subject to the terms set forth in the Agreement, including the exclusions and limitations of liability. In case of conflict, the EU SCC and Back-to-...
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Transborder Data Processing. 9.1 Supplier will not transfer or disclose across borders (including by remote access) any Personal Data that is collected on behalf of Cellulant, received from Cellulant or its personnel or otherwise processed on behalf of Cellulant without obtaining prior written consent. In the event Supplier requests written consent and Cellulant authorizes such transfer in writing, such transfer shall occur in accordance with applicable law. For clarity, if Cellulant approves a Sub processor in accordance with Section 8 (Sub processors) above, such approval shall constitute Cellulant’s written authorization to transfer the Personal Data to the country in which the Sub processor is established in. 9.2 In the case of a transfer of Cellulant Personal Data across a country border, the parties shall cooperate to ensure compliance with the applicable Data Protection Laws. If the measures set out are not sufficient to comply with Data Protection Laws, the parties will work together in good faith to implement the additional legal requirements. To the extent there are legally required country specific privacy provisions (e.g., country specific requirements) that must be inserted, the parties agree to promptly enter into an amendment to include such provisions.
Sample 1
Transborder Data Processing. Pursuant to Section 9.3 of the DPA, the Annexes to the SCCs shall be completed as follows: Contact person’s name, position and contact details: For all countries except Germany: xxxxxxxxxxxxxxxxxxx@xxxxx.xxx. For Germany: XxxxxxxXXX@xxxxx.xxx. See this DPA Schedule, Section A above. Dutch Data Protection Authority IDEXX’s foundational technical and organizational measures for data protection within its Services are described in the Technical and Organizational Measures attached at the end of the DPA Schedules. The technical and organizational measures that IDEXX will impose on subprocessors are described in the DPA. IDEXX takes the protection of your personal data seriously. This DPA Schedule is specific to the above IDEXX service and should be read in conjunction with our IDEXX Customer Data Processing Agreement. ezyVet General Terms and Conditions, available at xxxxxx.xxx.
Sample 1
Transborder Data Processing. Pursuant to Section 9.3 of the DPA, the Annexes to the SCCs shall be completed as follows: Contact person’s name, position and contact details: For all countries except Germany: xxxxxxxxxxxxxxxxxxx@xxxxx.xxx. For Germany: XxxxxxxXXX@xxxxx.xxx. See this DPA Schedule, Section A above. Dutch Data Protection Authority IDEXX’s foundational technical and organizational measures for data protection within its Services are described in the Technical and Organizational Measures attached at the end of the DPA Schedules. The technical and organizational measures that IDEXX will impose on subprocessors are described in the DPA. The UK General Data Protection Regulation (as incorporated into UK law under the European Union (Withdrawal) Act of 2018), the UK Data Protection Act of 2018, both as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations of 2019, as amended, superseded or replaced. For the purpose of Section 9 of the DPA, the following will be implemented for transfers to Non-Adequate Countries subject to the UK General Data Protection Regulation. The parties rely on the EU SCCs for transfers of Personal Data from the United Kingdom subject to the completion of a “UK Addendum to the EU Standard Contractual Clauses” issued by the Information Commissioner’s Office under s.119A(1) of the Data Protection Xxx 0000 (the “UK Addendum”). The EU SCCs, completed as set forth in Section 9 of the DPA shall also apply to transfers of such Personal Data. The UK Addendum shall be deemed executed between IDEXX and Service Provider, and the EU SCCs shall be deemed amended as specified by the UK Addendum in respect of the transfer of such Personal Data. South African Protection of Personal Information Act 4 of 2013 (“POPIA”). For the sake of clarity, IDEXX’s obligations to Customer under the DPA are those express obligations imposed by POPIA on an “Operator” (equivalent to “Processor”) for the benefit of a “Responsible Party” (equivalent to a “Controller”). Each party is responsible to fulfill its respective obligations under POPIA. For the purposes of Section 9 of the DPA, the EU SCCs will apply to transfers to Third Countries as per GDPR. IDEXX may use the following Subprocessors in the Processing of Customer Personal Data. IDEXX will keep the list of Subprocessor up-to-date to reflect any intended addition or replacement of Subprocessors. A. IDEXX companies as Subprocessors for all of the Services identified on the DPA S...
Sample 1
Transborder Data Processing. 8.1 In the case of a transfer of Client Personal Data to a country not providing an adequate level of protection pursuant to the Data Protection Laws (Non-Adequate Country), the parties shall cooperate to ensure compliance with the applicable Data Protection Laws as set out in the following Sections or at the Data Protection Laws at xxxx://xxx.xxx.xxx/dpa/dpl. If Client believes the measures are not sufficient to satisfy the legal requirements, Client shall notify IBM and the parties shall work together to find an alternative. 8.2 By entering into the Agreement, Client and IBM are entering into EU Standard Contractual Clauses as set out in the applicable DPA Exhibit (EU SCC) if Client, IBM, or both are located in a Non -Adequate Country. If the EU SCC are not required because both parties are located in a country considered adequate by the Data Protection Laws, but during the Service the country where IBM or Client is located becomes a Non -Adequate Country, the EU SCC will apply. The parties acknowledge that the applicable module of the EU SCC will be determined by their role as Controller and/or Processor under the circumstances of each case and are responsible for determining the correct role undertaken in order to fulfil the appropriate obligations under the applicable module. 8.3 Client agrees that the EU SCC, including any claims arising from them, are subject to the terms set forth in the Agreement, including the limitations of liability. In case of conflict, the EU SCC shall prevail. 8.4 IBM will enter into the EU SCC with each Subpro cessor located in a Non-Adequate Country as listed in the respective DPA Exhibit.
Sample 1
Transborder Data Processing. 8.1 In the case of a transfer of Buyer Personal Data to a country not providing an adequate level of protection pursuant to the Data Protection Laws (Non-Adequate Country), the parties shall cooperate to ensure compliance with the applicable Data Protection Laws as set out in the following Sections or at the Data Protection Laws at xxxx://xxx.xxx.xxx/dpa/dpl. If the Buyer believes the measures are not sufficient to satisfy the legal requirements, the Buyer shall notify the Supplier and the parties shall work together to find an alternative. 8.2 By entering into the Agreement, the Buyer and the Supplier are entering into EU Standard Contractual Clauses as set out in the applicable DPA Exhibit (EU SCC) if the Buyer, the Supplier, or both are located in a Non-Adequate Country. If the EU SCC are not required because both parties are located in a country considered adequate by the Data Protection Laws, but during the Service the country where the Supplier or the Buyer is located becomes a Non-Adequate Country, the EU SCC will apply. The parties acknowledge that the applicable module of the EU SCC will be determined by their role as Controller and/or Processor under the circumstances of each case and are responsible for determining the correct role undertak en in order to fulfil the appropriate obligations under the applicable module. 8.3 The Buyer agrees that the EU SCC, including any claims arising from them, are subject to the terms set forth in the Agreement, including the limitations of liability. In case of conflict, the EU SCC shall prevail. 8.4 The Supplier will enter into the EU SCC with each Subprocessor located in a Non -Adequate Country as listed in the respective DPA Exhibit.
Sample 1
Transborder Data Processing. 9.1 Cellulant will not transfer or disclose across borders (including by remote access) any Personal Data that is collected on behalf of Customer, received from Customer or its personnel or otherwise processed on behalf of Customer without obtaining prior written consent. In the event Cellulant requests written consent and Customer authorizes such transfer in writing, such transfer shall occur in accordance with applicable law. For clarity, by signing of this contract the Customer explicitly approves the Sub processors listed in Exhibit 1. Such approval shall constitute Customer’s written authorization to transfer the Personal Data to the country in which the Sub processor is established in. 9.2 In the case of a transfer of Customer Personal Data across a country border, the parties shall cooperate to ensure compliance with the applicable Data Protection Laws. If the measures set out are not sufficient to comply with Data Protection Laws, the parties will work together in good faith to implement the additional legal requirements. To the extent there are legally required country specific privacy provisions (e.g., country specific requirements) that must be inserted, the parties agree to promptly enter into an amendment to include such provisions.
Sample 1
AutoNDA by SimpleDocs
Transborder Data Processing 
Sample 1Sample 2

Related to Transborder Data Processing

  • Data Processing In this clause:

  • Details of Data Processing (a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.

  • Personal Data Processing 2.1 The Processor shall process Personal Data only on the basis of corresponding recorded orders from the Controller. 2.2 By way of exception, in particular in urgent cases, processing orders from the Data Controller may also be made orally. In this case, the Data Controller shall confirm as soon as possible and in writing, by any appropriate means, the instructions given orally. 2.3 Where the processing concerns the transmission of Personal Data to a third country outside the European Union or to an international organization, the Data Processor shall also comply with the relevant instructions of the Data Controller, unless different legal requirements exist under European Union laws or the laws of the Member State to which the Data Processor is subject. In such a case, the Data Processor shall inform the Data Controller before processing of the legal requirement in question, unless the said law prohibits this kind of information for reasons of substantial public interest. 2.4 The transmission of Personal Data to a third country outside the European Union is prohibited unless the Data Controller has given prior explicit approval to that end, and one of the following conditions is met: • the European Commission has resolved that an adequate level of protection of personal data is ensured in the country the Personal Data is to be transmitted; • the transmission is to be made to the U.S.A.; and the recipient of the Personal Data has acceded to and abides by the Privacy Shield Framework; • the transmission will be governed by the standard data protection clauses issued by the European Commission. 2.5 The Data Processor shall inform the Data Controller immediately upon receipt of the order or as soon as possible if he / she determines that the content of a particular processing order violates the Regulation and / or national law and / or the law of another Member State of the European Union (EU), and / or other provisions of EU law on the protection of Personal Data. 2.6 The Data Processor acknowledges that the Data Controller has full control over her Personal Data and determines any particular feature of the processing to which the Personal Data will be submitted. If the Data Processor ignores the instructions of the Data Controller and determines alone the scope, the means and generally any other matter concerning the processing of Personal Data, she shall render herself the Data Controller for the purposes of implementing the Regulation and the legal framework on the protection of Personal Data. The practical consequence of this is that, in addition to the full responsibility of the Processor towards the Controller, she shall carry the same level of responsibility vis-à-vis the independent supervisory authority (and any other competent state authority) as well as the Natural Persons - Data Subjects of the data being processed.

  • Data Processing Agreement The Data Processing Agreement, including the Approved Data Transfer Mechanisms (as defined in the Data Processing Agreement) that apply to your use of the Services and transfer of Personal Data, is incorporated into this Agreement by this reference. Each party will comply with the terms of the Data Processing Agreement and will train its employees on DP Law.

  • Subprocessing The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor's obligations under such agreement.

  • Processing of Customer Personal Data 3.1 UKG will: 3.1.1 comply with all applicable Data Protection Laws in the Processing of Customer Personal Data; and 3.1.2 not Process Customer Personal Data other than for the purpose, and in accordance with, the relevant Customer’s instructions as documented in the Agreement and this DPA, unless Processing is required by the Data Protection Laws to which the relevant UKG Processor is subject, in which case UKG to the extent permitted by the Data Protection Laws, will inform Customer of that legal requirement before the Processing of that Customer Personal Data. 3.2 Customer hereby: 3.2.1 instructs UKG (and authorizes UKG to instruct each Subprocessor) to: (a) Process Customer Personal Data; and (b) in particular, transfer Customer Personal Data to any country or territory subject to the provisions of this DPA, in each case as reasonably necessary for the provision of the Services and consistent with the Agreement. 3.2.2 warrants and represents that it is and will at all relevant times remain duly and effectively authorized to give the instructions set out in Section 3.2.1 on behalf of each relevant Customer Affiliate; and 3.2.3 warrants and represents that it has all necessary rights in relation to the Customer Personal Data and/or has collected all necessary consents from Data Subjects to Process Customer Personal Data to the extent required by Applicable Law. 3.3 Schedule 1 to this DPA sets out certain information regarding UKG’s Processing of Customer Personal Data as required by Article 28(3) of the GDPR (and equivalent requirements of other Data Protection Laws).

  • Data Encryption Contractor must encrypt all State data at rest and in transit, in compliance with FIPS Publication 140-2 or applicable law, regulation or rule, whichever is a higher standard. All encryption keys must be unique to State data. Contractor will secure and protect all encryption keys to State data. Encryption keys to State data will only be accessed by Contractor as necessary for performance of this Contract.

  • Grievance Processing Union stewards or Union officials shall be permitted to have time off without loss of pay for the investigation and processing of grievances and arbitrations. Requests for such time off shall be made in advance and shall not be unreasonably denied. The Union will furnish the Employer with a list of Union stewards and their jurisdictions. The Union shall delineate the jurisdiction of Union stewards so that no xxxxxxx need travel between work locations or sub-divisions thereof while investigating grievances. Grievants shall be permitted to have time off without loss of pay for processing their grievances through the contractual grievance procedure, except that for class action grievances no more than three (3) grievants shall be granted such leave.

  • Data Storage Where required by applicable law, Student Data shall be stored within the United States. Upon request of the LEA, Provider will provide a list of the locations where Student Data is stored.

  • Mail Order Catalog Warnings In the event that, the Settling Entity prints new catalogs and sells units of the Products via mail order through such catalogs to California consumers or through its customers, the Settling Entity shall provide a warning for each unit of such Product both on the label in accordance with subsection 2.4 above, and in the catalog in a manner that clearly associates the warning with the specific Product being purchased. Any warning provided in a mail order catalog shall be in the same type size or larger than other consumer information conveyed for such Product within the catalog and shall be located on the same display page of the item. The catalog warning may use the Short-Form Warning content described in subsection 2.3(b) if the language provided on the Product label also uses the Short-Form Warning.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!