Common use of TRANSFER TO THIRD COUNTRIES Clause in Contracts

TRANSFER TO THIRD COUNTRIES. 1. The location(s) of intended or actual processing of Personal Data is set out in Appendix 1. The Data Processor must not transfer or otherwise directly or indirectly disclose Personal Data outside the European Economic Area without the prior written consent of the Data Controller (which may be refused or granted at its own discretion) and ensure that the level of protection of natural persons guaranteed by the GDPR and as set forth in this DPA is not undermined. Unless otherwise agreed between the Parties, adequate protection in the receiving country shall be secured through an agreement incorporating the European Commission’s Standard Contractual Clauses. 2. If the Data Controller is located in a country, which is not a member of the EU/EEA and in case that no Adequacy Decisions exists, the Standard Contractual Clauses (Module 4: Processor-to-Controller) shall be applicable to the transfer of Personal Data between the Data Processor and Data Controller and incorporated into this DPA by reference, and can be shared with the Customer upon request.