Transfers from the UK. Where a Restricted Transfer is made from the UK, the UK Transfer Addendum is incorporated into this DPA and applies to the transfer. The UK Transfer Addendum is completed with the information in Section 7.2, the Subprocessors List, and Schedules A and B to this DPA; and both “Importer” and “Exporter” are selected in Table 4.
Transfers from the UK. In relation to Personal Data that is protected by the UK GDPR, the UK Addendum will apply, completed as follows:
a. The SCCs shall also apply to transfers of such Personal Data, subject to sub-section (b) below;
b. Tables 1 to 3 of the UK Addendum shall be deemed completed with relevant information from the SCCs, completed as set out in Section 7.B.(i)-(ii) of this DPA, and the option “neither party” shall be deemed checked in Table 4; and,
c. The start date of the UK Addendum (as set out in Table 1) shall be the date of this DPA.
Transfers from the UK. In relation to Personal Data that is protected by the UK GDPR, the EU SCCs will apply in accordance with Sections 7.2.1 and 7.2.2 above, with the following modifications:
(a) any references in the EU SCCs to "Directive 95/46/EC" or "Regulation (EU) 2016/679" shall be interpreted as references to the UK GDPR; references to specific Articles of "Regulation (EU) 2016/679" are replaced with the equivalent Article or Section of UK GDPR;
(b) references to "EU", "Union" and "Member State law" are all replaced with "UK"; Clause 13(a) and Part C of Annex I of the EU SCCs are not used; references to the "competent supervisory authority" and "competent courts" shall be interpreted as references to the Information Commissioner and the courts of England and Wales;
(c) Clause 17 of the EU SCCs is replaced to state that "The Clauses are governed by the laws of England and Wales" and Clause 18 of the EU SCCs is replaced to state "Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may bring legal proceeding against the data exporter and/or data importer before the courts of any country in the UK. The Parties agree to submit themselves to the jurisdiction of such courts", unless the EU SCCs as implemented above cannot be used to lawfully transfer such Personal Data in compliance with the UK GDPR, in which event the UK SCCs shall instead be incorporated by reference and form an integral part of this Addendum and shall apply to such transfers. Where this is the case, the relevant Annexes of the UK SCCs shall be populated using the information contained in EXHIBITS A.1, A.2 and B to this Addendum (as applicable);
Transfers from the UK. 2.1 For transfers of personal data that are subject to UK Privacy Laws: the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses for UK transfers of Personal Data dated 21 March 2022 (“Addendum”) (as amended or updated from time to time) issued by the UK Information Commissioner shall apply and be incorporated by reference into, and form part of, this DP Schedule, and shall come into effect, where applicable, upon signature by the parties as specified in section 1.2 of Annex 3 to the DP Schedule. Capitalised terms used in this section 2 that are not defined in the DP Schedule shall have the meaning set out in the Addendum.
2.2 The Tables in the Addendum shall be completed as follows: The data exporter is as defined in section 1.2 of Annex 3. Secureworks Inc. (as specified in section 1.2 of Annex 3). Parties’ details and key contacts As set out in section 8 of Annex 1 to the DP Schedule, or as otherwise notified between the parties from time to time. Signature The Addendum shall be deemed signed by the parties as set out in section 1.2 of Annex 3.
Transfers from the UK. In relation to transfers of Personal Data that are protected by UK Data Protection Law, the SCCs: (i) shall apply as completed in accordance with paragraph (a)(i)-(vii) above; and (ii) shall be deemed amended as specified by the UK Addendum in the form of Schedule C, which shall be deemed executed by the parties and incorporated into and form an integral part of this DPA. Any conflict between the terms of the SCCs and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum.
